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Federal Grazing Regulations: Public Lands Council v. Babbitt

Description: This report discusses new regulations on livestock grazing on lands managed by the Bureau of Land Management became effective August 21, 1995. Many aspects of the new regulations were challenged in Public Lands Council v. Babbitt. A federal district court upheld many of the regulations, but struck down four of them and enjoined their implementation. At the appellate level, only the new regulation allowing conservation use to the exclusion of livestock grazing for the full term of a permit was held invalid. The Supreme Court has agreed to hear the case and argument has been set for March 1, 2000.
Date: February 1, 2000
Creator: Baldwin, Pamela
Item Type: Report
Partner: UNT Libraries Government Documents Department

Authority of a President to Modify or Eliminate a National Monument

Description: President Clinton created a number of new national monuments, using authority given the President under the Antiquities Act of 1906. Many of the designations were controversial and renewed discussion of that Act and whether a President can modify or eliminate a Presidentially created national monument. This report examines that question.
Date: August 3, 2000
Creator: Baldwin, Pamela
Item Type: Report
Partner: UNT Libraries Government Documents Department

Designation of Critical Habitat under the Endangered Species Act (ESA)

Description: The agencies that implement the Endangered Species Act (ESA) regard the designation of critical habitat (CH) as providing only very limited benefits beyond those achieved through the listing of species and the avoidance of jeopardy to them. Several courts have now held that the relevant regulation and interpretation that result in this conclusion are erroneous and do not carry out the intent of Congress.
Date: April 11, 2005
Creator: Baldwin, Pamela
Item Type: Report
Partner: UNT Libraries Government Documents Department

Statutory Modifications of the Application of NEPA

Description: From time to time, Congress has considered the operation of the National Environmental Policy Act. While Congress has amended the statute itself only twice since its enactment, Congress has often enacted provisions that modify the application of the Act or specify the extent of the documents that need be prepared in particular instances or contexts. This report collects and lists examples of such provisions.
Date: May 1, 1998
Creator: Baldwin, Pamela
Item Type: Report
Partner: UNT Libraries Government Documents Department

The Endangered Species Act: Consideration of Economic Factors

Description: The Endangered Species Act (ESA) provides for the listing and protection of species that are found to be “endangered” or “threatened” – species that might become extinct. The listing of a species as endangered triggers the prohibitions in the Act against “taking” (killing or harming) individuals of the protected species, unless a permit is obtained to take individuals incidental to an otherwise lawful proposed action, or an exemption for the proposed action is obtained. Unauthorized taking of a listed species can result in civil or criminal penalties. These prohibitions and potential penalties can affect various activities, including development and use of land, with attendant economic impacts.
Date: January 5, 2001
Creator: Baldwin, Pamela
Item Type: Report
Partner: UNT Libraries Government Documents Department

The Endangered Species Act: Consideration of Economic Factors

Description: The Endangered Species Act (ESA) provides for the listing and protection of species that are found to be “endangered” or “threatened” – species that might become extinct. The listing of a species as endangered triggers the prohibitions in the Act against “taking” (killing or harming) individuals of the protected species, unless a permit is obtained to take individuals incidental to an otherwise lawful proposed action, or an exemption for the proposed action is obtained. Unauthorized taking of a listed species can result in civil or criminal penalties. These prohibitions and potential penalties can affect various activities, including development and use of land, with attendant economic impacts.
Date: April 15, 2003
Creator: Baldwin, Pamela
Item Type: Report
Partner: UNT Libraries Government Documents Department

The Endangered Species Act (ESA), Migratory Bird Treaty Act (MBTA), and Department of Defense (DOD) Readiness Activities: Background and Current Law

Description: This report provides a brief overview of how the Endangered Species Act (ESA)1 and the Migratory Bird Treaty Act (MBTA)2 and their relevant regulations may apply to military training and readiness activities of the Department of Defense (DOD). Military activities may “take” protected creatures directly (e.g,. killing with ordnance during rifle, gunnery or assault drills), or might destroy habitat (e.g., artillery or bombing practices), even if these results are not the purpose of the activities. The applicability of the MBTA and ESA to military readiness activities has been controversial recently and legislation has been enacted in both the 107th and 108th Congresses on these topics.
Date: August 9, 2004
Creator: Baldwin, Pamela
Item Type: Report
Partner: UNT Libraries Government Documents Department

The Endangered Species Act (ESA), Migratory Bird Treaty Act (MBTA), and Department of Defense (DOD) Readiness Activities: Current Law and Legislative Proposals

Description: This report provides a brief overview of how the Endangered Species Act (ESA)1 and the Migratory Bird Treaty Act (MBTA)2 and their relevant regulations may apply to military training and readiness activities of the Department of Defense (DOD). Military activities may “take” protected creatures directly (e.g,. killing with ordnance during rifle, gunnery or assault drills), or might destroy habitat (e.g., artillery or bombing practices), even if these results are not the purpose of the activities. The applicability of the MBTA and ESA to military readiness activities has been controversial recently and legislation has been enacted in both the 107th and 108th Congresses on these topics.
Date: May 30, 2003
Creator: Baldwin, Pamela
Item Type: Report
Partner: UNT Libraries Government Documents Department