Archive for Biodiversity

Restoring Nature In Protected Areas

According to the more traditional view, ecological restoration is the attempt to return a damaged ecosystem to some historic state. In this article, I will examine United States federal agency policies concerning restoration within national parks, wilderness, and other protected areas. I will also examine actual restoration projects in these areas.

Ecosystem Service Tradeoff Analysis: Quantifying the Cost of a Legal Regime

By Kristin Carden, Crow White, Steven D. Gaines, Christopher Costello, and Sarah Andersone. This article focuses on one emerging tool that can enable prospective evaluation of the tradeoffs inherent in natural resource decision-making processes like CMSP: ecosystem service tradeoff analysis. We demonstrate the potential of this tool through an evaluation of the ecological and economic tradeoffs flowing from the institution of Territorial Use Rights in Fisheries (TURFs) in the southern California red sea urchin fishery.

Are State Watercraft Inspections Constitutionally Permissible Searches?

By Emi Kondo, Paula Cotter, and Stephanie Showalter Otts – In response to the discovery of quagga and zebra mussels in the region, many Western states have developed and implemented watercraft inspection programs to prevent the transport of quagga and zebra mussels to unaffected waters. This Article addresses the states’ legal authority to implement watercraft inspection programs to prevent the further spread of invasive mussels, focusing primarily on the permissibility of such programs under the Fourth Amendment to the U.S. Constitution.

Preventing the Spread of Zebra and Quagga Mussels: The Role of the Lacey Act

By Rachel White & Stephanie Showalter Otts – The Lacey Act contains two key provisions. Title 16 prohibits wildlife trafficking and elevates the violation of state, tribal, or foreign wildlife laws to federal offenses. Title 18 prohibits the importation and interstate transportation of listed injurious species, including zebra mussels. This Article provides an overview of Title 16 and 18 and discusses the federal enforcement challenges associated with invasive mussel cases. The Article concludes with a discussion of the states’ primary enforcement role and proposals for Lacey Act reform.