Natural Resources

Fall 2011 Natural Resources Law Class at UB

End of the Semester December 13, 2011

Filed under: Uncategorized — Jessica Owley @ 7:21 pm

Dear Natural Resources Crew

I have finished grading all your finals and have submitted final grades to the registrar. You can pick up your exams from my assistant Linda Kelly (Room 717) if you are so inclined. If you have any questions about your participation grade or final grade, just drop me a line.

As I mentioned in class, I have a little 10 question survey for you. The survey is anonymous and will only be viewed by me. It should only take you a few minutes and would greatly help me as I try to constantly improve this course (and my teaching generally). Just visit this site.

Thanks for a great semester.

– Jessica


Water Talk November 28, 2011

Filed under: Uncategorized — Jessica Owley @ 9:54 pm

Fluid Culture Series, Humanities Institute

Tuesday, November 29, 2011: 8 pm

120 Clemens Hall, UB North
“The Global Water Crisis and the Coming Battle for the Right to Water”  
Maude Barlow, Water Rights Activist

Best-selling Canadian author and human rights activist; national chairperson, The Council of Canadians; chair, board of Food & Water Watch; founder, Blue Planet Project; executive member, International Forum on Globalization; councillor, World Future Council.  Public event, no RSVP required.  Series details here.

Cosponsored by the Government of Canada and the UB Canadian American Studies Committee.


Wondering about the PTD in NY? November 9, 2011

Filed under: Uncategorized — Jessica Owley @ 6:42 pm

Here is a nice summary of the public trust doctrine in NY. It provides an overview and I am happy to refer folks to more detailed cases if interested.


A New National Park November 8, 2011

Filed under: Uncategorized — Jessica Owley @ 8:00 pm

Not too far away either:


ESA in the News November 1, 2011

Filed under: Uncategorized — Jessica Owley @ 2:03 pm

There have been two important ESA cases in the last few days.

First, the Supreme Court has denied cert in a case involving delta smelt. Much like our snail darter case,  this is tiny fish found entirely within one body of water. That body of water is the Sacramento Bay Delta, a body of water that supplies many of the agricultural users in the state. The Pacific Legal Foundation represented several agricultural interests in challenging the ESA based on the Commerce Clause. Thus, just like our discussions in class, the plaintiffs argued that the Commerce Clause did not extend to protect of a species without commercial value and found entirely within one state. The Ninth Circuit had held that when considering the commerce clause, one should look at the aggregate effects of all endangered species protection. Although the Supreme Court did not grant review in this case, PLF has pledged to pursue these arguments in future cases.

Second,the D.C. Circuit recently issued an opinion on standing and the ESA — another hot topic from our class discussions. The case involved endangered Asian elephants who travel and perform with the Ringling Brothers and Barnum & Bailey Circus. The ASPCA brought a case arguing that the bullhooks and chains used in managing the elephants actually injure them (violating section 9 of the ESA). The court did not reach the merits of the case because it held that the ASPCA members used to establish standing failed to show Article III standing. The district court described the member as “a paid plaintiff and fact witness” whose claims about attachment to the elephants lacked credibility.



Birth Control For Wild Horses October 11, 2011

Filed under: Uncategorized — Jessica Owley @ 9:19 pm

Before you took this class, I am guessing you didn’t think that much about wild horses.

They seem to always be in the news these days. Now, the Department of the Interior is planning to give the mares birth control.



Wild Horses September 20, 2011

Filed under: Uncategorized — Jessica Owley @ 7:15 pm

Just as we were talking about wild horses and burros, they show up in the news. The Department of Interior just named an officer in charge of the wild horses protection program. Joan Guilfoyle, the wild horse chief, has a lot of issues to deal with including big tensions between agricultural interests and animal rights activists.