Tuesday, August 23, 2005
Adell Amos joins the U. of Oregon faculty and will serve as Director of the Environmental and Natural
Resources Law (ENR) Program. Adell is teaching water resources and wildlife law. Adell graduated from Oregon, clerked on the Ninth Circuit Court of Appeals for Chief Judge Procter Hug, Jr, and practiced at Interior, representing USFWS and the National Park Service on water resource issues, including water rights litigation, and the full spectrum of state and federal environmental laws. (John Bonine announcement)
In the most recent ABA Water Resources Committee newsletter, Judith Royster of Tulsa contributed a nice analysis of the 9th Circuit's en banc decision in Skokomish Indian Tribe v. United States, 410 F.3d 506 (2005). The 9th Circuit eliminated the panel's discussion of reserved indian water rights, which had applied the primary/secondary use analysis of New Mexico in the federal reserved water rights context to indian reserved water rights and had indicated that fishing was not a primary purpose of the reservation. See Skokomish panel decision, 401 F.3d 979 (9th Cir. 2005). However, otherwise, the panel's decision remained intact. The panel's decision had been a loss for tribes on treaty, state law, and § 1983 claims against defendant municipalities and on Federal Power Act claims against the US. The tribe's damage claim based on its treaty rights was transferred to the U.S. Court of Federal Claims by the panel, which held that it did not arise under the Federal Tort Claims Act, but instead under the Tucker Act and the Indian Tucker Act. http://www.abanet.org/environ/committees/waterresources/newsletter/aug05/waterres0805.pdf
Monday, August 22, 2005
Donlan and colleagues advocate an alternative to pre-Columbian biodiversity as a goal --pleistocene biodiversity [roughly 13000 years ago]. Re-wilding North America. My first thought is that this is a plot to embarrass conservation biologists, but what do you think?
The NY Times reported on web trafficking of endangered species today. This strikes me as having the potential for excellent paper topics on the gaps in the law and ways to plug them.
Sunday, August 21, 2005
Science reported on a peer reviewed study indicating the attempt to reinvigorate the inbred Florida Panther population by transplanting panthers from Texas succeeded. The study is somewhat controversial because it relies on data that has been reported by other scientists, but not published. Link: WILDLIFE BIOLOGY: 'Genetic Rescue' Helps Panthers but Puts Researchers on the Spot -- Stokstad 309 (5738): 1162 -- Science.