Environmental

US - Environmental - National Environmental Policy Act of 1969

Summary: The National Environmental Policy Act (NEPA) requires federal agencies to integrate environmental values into their decision making processes by considering the environmental impacts of their proposed actions and reasonable alternatives to those actions. To meet this requirement, federal agencies prepare a detailed statement known as an Environmental Impact Statement (EIS). EPA reviews and comments on EISs prepared by other federal agencies, maintains a national filing system for all EISs, and assures that its own actions comply with NEPA.

The National Environmental Policy Act (NEPA) requires federal agencies to integrate environmental values into their decision making processes by considering the environmental impacts of their proposed actions and reasonable alternatives to those actions. To meet this requirement, federal agencies prepare a detailed statement known as an Environmental Impact Statement (EIS). EPA reviews and comments on EISs prepared by other federal agencies, maintains a national filing system for all EISs, and assures that its own actions comply with NEPA.

US - Rodent - Nutria Eradication and Control Act of 2003

Summary:

Nutria are large, semi-aquatic rodents that are native to South America and have invaded the marshland of certain U.S. states.  There are no natural predators to control nutria, no market for their fur, and private trappers have failed to keep pace with the animals' ability to reproduce.  P.L. 108-16 of 2003  and P.L. 105-322 of 1998 authorizes the Secretary of the Interior to provide financial assistance to the States of Maryland and Louisiana for a program to implement measures to: (1)eradicate nutria in Maryland; (2)eradicate or control nutria in Louisiana and other States; and (3) restore marshland damaged by nutria.

Nutria are large, semi-aquatic rodents that are native to South America and have invaded the marshland of certain U.S. states.  There are no natural predators to control nutria, no market for their fur, and private trappers have failed to keep pace with the animals' ability to reproduce.  P.L. 108-16 of 2003  and P.L. 105-322 of 1998 authorizes the Secretary of the Interior to provide financial assistance to the States of Maryland and Louisiana for a program to implement measures to: (1)eradicate nutria in Maryland; (2)eradicate or control nutria in Louisiana and other States; and (3) restore marshland damaged by nutria.

US - Wildlife - Chapter 23. National Wilderness Preservation System.

Summary: Under this Act, Congress established a National Wilderness Preservation System to be composed of federally owned areas designated by Congress as "wilderness areas", and these shall be administered for the use and enjoyment of the American people in such manner as will leave them unimpaired for future use and enjoyment as wilderness, and so as to provide for the protection of these areas, the preservation of their wilderness character, and for the gathering and dissemination of information regarding their use and enjoyment as wilderness; and no Federal lands shall be designated as "wilderness areas" except as provided for in this chapter or by a subsequent Act.

Under this Act, Congress established a National Wilderness Preservation System to be composed of federally owned areas designated by Congress as "wilderness areas", and these shall be administered for the use and enjoyment of the American people in such manner as will leave them unimpaired for future use and enjoyment as wilderness, and so as to provide for the protection of these areas, the preservation of their wilderness character, and for the gathering and dissemination of information regarding their use and enjoyment as wilderness; and no Federal lands shall be designated as "wilderness areas" except as provided for in this chapter or by a subsequent Act.

CA - Marine - Chapter 10.5. Marine Life Protection Act.

Summary: In this act, the California Legislature finds and declares a need to reexamine and redesign California's marine protected area systems to increase its effectiveness at protecting the state's marine life, habitat, and ecosystems. To improve the design and management of that system, the Marine Life Protection Program was adopted. A few of the Program's goals are to protect the natural diversity and abundance of marine life, to help sustain, conserve, and protect marine life populations, and rebuild those that are depleted.

In this act, the California Legislature finds and declares a need to reexamine and redesign California's marine protected area systems to increase its effectiveness at protecting the state's marine life, habitat, and ecosystems. To improve the design and management of that system, the Marine Life Protection Program was adopted. A few of the Program's goals are to protect the natural diversity and abundance of marine life, to help sustain, conserve, and protect marine life populations, and rebuild those that are depleted.

Bormann v. Board of Supervisors In and For Kossuth County

Summary:

The court held that a statutory immunity provision designed to protect farming operations from nuisance litigation constituted a taking under the Fifth Amendment because the right to maintain an action for nuisance at common law was considered an easement. 

The court held that a statutory immunity provision designed to protect farming operations from nuisance litigation constituted a taking under the Fifth Amendment because the right to maintain an action for nuisance at common law was considered an easement. 

Wildlife Protection Association of Australia Inc and Minister for Environment and Heritage and Australian Wildlife Protection Council Inc and Animals Australia and Flinders Council

Summary:

The respondent Minister made declarations under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) that particular plans relating to Bennett's wallabies and Tasmanian pademelons were approved wildlife trade management plans. The applicant questioned whether the plans permitted the inhumane hunting of wallabies and treatment of joeys as well as the basis upon which the quotas were derived. The tribunal found both matters satisfactorily addressed though further monitoring measures were deemed to be prudent.

The respondent Minister made declarations under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) that particular plans relating to Bennett's wallabies and Tasmanian pademelons were approved wildlife trade management plans. The applicant questioned whether the plans permitted the inhumane hunting of wallabies and treatment of joeys as well as the basis upon which the quotas were derived. The tribunal found both matters satisfactorily addressed though further monitoring measures were deemed to be prudent.

Adrian v. Vonk

Summary:

Ranchers sued State for damage to their property from prairie dogs from public lands. The Supreme Court held that statutes governing State's participation in programs to control prairie dogs did not contain express waivers of sovereign immunity; State's statutorily-mandated actions in controlling prairie dogs were discretionary acts, and ranchers' action was barred by sovereign immunity; and statute did not provide for a nuisance cause of action against the State.

Ranchers sued State for damage to their property from prairie dogs from public lands. The Supreme Court held that statutes governing State's participation in programs to control prairie dogs did not contain express waivers of sovereign immunity; State's statutorily-mandated actions in controlling prairie dogs were discretionary acts, and ranchers' action was barred by sovereign immunity; and statute did not provide for a nuisance cause of action against the State.