Blumm M.C.,Lewis and Clark Law School |
Ruhl J.B.,Florida State University
Ecology Law Quarterly | Year: 2010
One of the principal, if unexpected, results of the Supreme Court's 1992 decision in Lucas v. South Carolina Coastal Commission is the rise of background principles of property and nuisance law as a categorical defense to takings claims. Our writings on the background principles defense have provoked Professor James Huffman, a devoted advocate for an expanded use of regulatory takings to protect landowner development rights, to mistakenly charge us with arguing for the use of common law principles to circumvent the rule of law, Supreme Court intent, and the takings clause. Actually, ours was not a normative brief at all, but instead a positivistic explanation of takings cases in the lower courts since Lucas, which include judicial recognition of statutory background principles. In this Article, we respond to Huffman, examining the continuing importance of the background principles defense and explaining the trouble with his vision of libertarian property and his peculiar notion of the rule of law. We focus especially on wetlands regulation, which Huffman thinks is a recent development when in fact its origins date to medieval England, and therefore is particularly suited to the background principles defense. We conclude that background principles, as "the logically antecedent inquiry" into the nature of a claimant's property interest, are now a permanent feature of the takings landscape. Copyright © 2010 Regents of the University of California.
Rohlf D.J.,Lewis and Clark Law School |
Carroll C.,Klamath Center for Conservation Research |
Hartl B.,Center for Biological Diversity
BioScience | Year: 2014
The concept of conservation-reliant species has become increasingly prominent, particularly with species listed or under consideration for listing under the US Endangered Species Act (ESA). We have concerns about the trend toward what we see as an overly broad definition of conservation reliance. In addition to being of limited practical utility, overuse of the conservation reliant label can mask important legal and policy issues associated with species recovery and delisting. We propose a biology-based definition of conservation-reliant species - specifically, one based on the degree to which a species needs direct and ongoing human manipulation of its life cycle or environment in order to persist in the wild. This definition could assist managers in developing recovery priorities and allocating scarce recovery funds. In addition, a biological definition of conservation reliance could assist society and policymakers in considering whether the ESA's focus on self-sufficiency in the wild remains relevant as a definition of conservation success. © 2014 The Author(s) 2014.
Glick R.,Davis Wright Tremaines |
Moeller M.,Lewis and Clark Law School
Power | Year: 2015
Oregon and Washington State are examining new policies to regulate greenhouse gas emissions. An extension of Oregon's Clean Fuels Program is expected at the top of the 2015 legislative agenda and, potentially, a bill to enact a carbon tax. On November 14, the Washington governor's Carbon Emissions Reduction Task Force released its report weighing the benefits of cap and trade versus a carbon tax, and a separate update of a report commissioned by the governor on clean fuels was released October 29. As members of the Pacific Coast Action Plan on Climate and Energy (PCAP), both states have committed to adopt low-carbon fuel standards and pursue carbon pricing mechanisms like cap and trade or carbon taxes. Both states will look to policy models from California and British Columbia, fellow PCAP members.
Dyer L.A.,University of Nevada, Reno |
Richards L.A.,University of Nevada, Reno |
Short S.A.,Lewis and Clark Law School |
Dodson C.D.,University of Nevada, Reno
PLoS ONE | Year: 2013
There has been a significant increase in studies of how global change parameters affect interacting species or entire communities, yet the combined or interactive effects of increased atmospheric CO2 and associated increases in global mean temperatures on chemically mediated trophic interactions are mostly unknown. Thus, predictions of climate-induced changes on plant-insect interactions are still based primarily on studies of individual species, individual global change parameters, pairwise interactions, or parameters that summarize communities. A clear understanding of community response to global change will only emerge from studies that examine effects of multiple variables on biotic interactions. We examined the effects of increased CO2 and temperature on simple laboratory communities of interacting alfalfa, chemical defense, armyworm caterpillars, and parasitoid wasps. Higher temperatures and CO2 caused decreased plant quality, decreased caterpillar development times, developmental asynchrony between caterpillars and wasps, and complete wasp mortality. The effects measured here, along with other effects of global change on natural enemies suggest that biological control and other top-down effects of insect predators will decline over the coming decades. © 2013 Dyer et al.
Abrams P.,Lewis and Clark Law School
Journal of Law, Medicine and Ethics | Year: 2015
Stigma taints individuals with a spoiled identity and loss of status or discrimination. This article is the first to examine the stigma attached to abortion and surrogacy and consider how law may stigmatize women for failing to conform to social expectations about maternal roles. Courts should consider evidence of stigma when evaluating laws regulating abortion or surrogacy to determine whether these laws are based on impermissible gender stereotyping. © 2015 American Society of Law, Medicine & Ethics, Inc.