Indigenous Influence on the Rights of Nature Movement
An overview of the laws that invoke the rights of nature that Indigenous perspectives and practices regarding environmental preservation have influenced.
Fall 2023: Biodiversity
Volume 38, Issue 2
In This Issue
Protecting the Piping Plover
In recognition of the Endangered Species Act’s 50th anniversary, this article discusses the endangered piping plover, a precious and protected migratory shorebird.
How the Forthcoming Species Mitigation Rule May Influence Private Investment in Species Biodiversity
The proposed compensatory mitigation rule offers an exciting opportunity to incentivize the use of private capital investments that enhance habitat for imperiled species, thereby preserving biodivers…
Environmental Public Interest Litigation Saved the Green Peafowls of China
China’s revised Environmental Protection Law (2015) gave Friends of Nature, a Chinese NGO, standing to sue a dam company for threatening the endangered green peafowl’s habitat.
Conservation Easements for Biodiversity and Happy Clients
Achieving federal conservation goals will require the expanded use of conservation easements; practitioners should equip themselves to help their clients navigate this specialized field.
The 30 by 30 Initiative in the Midwest: Protecting Critical Habitat Where Corn Is King
This article examines the challenge of land conservation in the corn belt and the opportunities that 30 by 30 provides to protect biodiversity in the Midwest.
The Missing Component: Incorporating Biodiversity into Natural Resource Remediation and Restoration
The importance of incorporating biodiversity into natural resource remediation and restoration efforts, current regulatory framework limitations, and solutions for enhancing the protection and restor…
Nature Restoration Law Proposal for the EU: Path Towards Climate Change Resiliency
The Nature Restoration Law Proposal is ambitious concerning biodiversity adaptation to climate change, but implementation challenges are on the horizon for the EU.
Biodiversity Conservation and the Problem of Extraterritoriality
An overview of U.S. and global legal frameworks for biodiversity protection and recent developments that may affect businesses’ compliance requirements.
Departments
Vantage Point
The articles in this issue illuminate how to initiate an “all hands on deck” effort to slow the planetary loss of biodiversity, wielding legal tools as diverse as the biodiversity they can help to pr…
Interview: Elizabeth Klein
Interview with the Director of the U.S. Bureau of Ocean Energy Management on current and future federal permitting for offshore wind and other energy projects.
Perspectives: Norm-Shifting for Win-Win Change
Biodiversity can benefit from win-win changes requiring a bit of lens adjustment and norm shifting, such as reconsidering the unsustainable monoculture lawn.
Literary Resources
Reviews of Life on the Rocks: Building a Future for Coral Reefs, Tree Thieves: Crime and Survival in North America’s Woods, Fen, Bog & Swamp: A Short History of Peatland Destruction and Its Role in t…
The Back Page: Onshoring
Discussion of current U.S. policy to onshore—to the maximum extent practicable—the production capabilities and infrastructure necessary for meeting climate change, national security, and economic go…
Insights
Relative Permanence—the New WOTUS Test
The Supreme Court limits scope of EPA and Corps of Engineers Regulatory Authority under the CWA by narrowing the definition of “waters of the United States.
Right to Repair and the Environment—Fix It or Nix It?
This article examines state, federal, and European Union right-to-repair initiatives and their intended environmental benefits, targeted products, and characteristic regulatory provisions.
“50 Shades of Green”: Incorporation of Green Remediation Techniques in CERCLA Remedies
Green remediation should be given greater focus. When protective of health and the environment, the green remediation approach, in its essence, champions the preservation and sustainable use of resou…
New Environmental Justice Executive Action
E.O. 14096 renews the charge for federal agencies to invest in and engage with underserved and overburdened communities to achieve environmental justice.