Guiding Thought Question: Read through the different cases regarding the Endangered Species Act (Choose one from HERE) and give a brief synopsis of how the Supreme Court got involved in the protection of species. Also give a quick summary of how the court ruled.
Today's Learning Objective: Students will examine the role of the Supreme Court, how it functions, and its specific powers, and will look at the methods the courts use to influence the political laws of the United States. Students will complete a research project to examine the rights that were protected by a specific Supreme Court Case.
Central Question: How is the Judicial Branch able to use its powers and oversight to influence legislation and executive actions towards the environment? (1.2.c, 1.2.a, 1.2.d, 1.1.c)
Forum 2.7 - Endangered Species Act
10/10/2022 07:43:37 am
They wanted to build a 30 mile reservoir but it would've destroyed the snails habitat which the snails were endanderged so it caused a ruckus.
10/10/2022 07:44:21 am
The Supreme Court got involved in the protection of species by interpreting the ESA to decide if the actions of the Sweet Home Chapter of Communities for a Better Oregon would be considering "taking", and whether it would still be wrong to develop on the land if the taking was indirect. They concluded that the Secretary should hav broad discretion in administering the ESA because there are so many possible situations that need closer inspection to protect species in the intent of the ESA.
10/10/2022 07:47:49 am
Court resolved conflict of language in some parts of the Endangered Species Act and the Clean Water Act. Was resolved by adding more requirements and changing the language within the acts.
10/10/2022 07:49:12 am
Homebuilders v. defenders of wildlife
10/10/2022 07:56:20 am
Babbitt V. Sweet Home Chapter of Communities for a Better Oregon involved the definition of "take" and "harm" in context to the ESA. The secretary of the interior issued a regulation defining harm to include “significant habitat modification or degradation where it actually kills or injures wildlife.” The majority opinion stated that harm refers to both indirect and direct action against endangered species.
10/10/2022 12:36:17 pm
Court resolved conflicting mandatory language of the ESA, ESA also requires that a federal agency should consult with other agencies designed by the secretary to make sure actions won't jeopardize the existence of a species being threatened or at risk of becoming endangered.
10/11/2022 01:58:48 pm
Irrigation districts and ranchers in Oregon argued against the Bureau of Reclamation over the measures that should be taken regarding the fact that the irrigation services would've impacted two endangered species of Sucker Fish. The irrigation districts and ranchers argued that a single citizen shouldn't have been able to make such a jurisdiction when it comes to the ESA and the economic importance of the decision at hand, but the Supreme court ruled that yes, any single person COULD make such a jurisdiction/claim against a larger action. On a technicality, however, the Supreme Court decided with the irrigation and ranchers that the bureau shouldn't have made such a claim given its position, reinforcing the fact that the ESA is meant to be used by both environmentalists and users of natural resources to challenge government action.
10/11/2022 01:59:48 pm
The Court stressed that preliminary injunctions are an extraordinary remedy, rather than a right to allow the exersisies to proceed, they just shut off the sonar use when a marine mammal is sighted within 2,000 meters away.
10/11/2022 01:59:54 pm
A scientist discovered the snail darter in Tennessee and then when congress passed the Endangered Species Act. Then when the TVA wanted to make the river into a 30 mile long resivoir for a dam that would create power for the people, the scientist was like no, it'll destroy the snails habitat. The district court was like oh well so be it, the court of appeals was like we cant do the building of the damn because it'll destroy the snails habitat therefore causing a complete violation of the Endangered Species Act.
10/11/2022 02:00:57 pm
winter v. nrdc
10/11/2022 02:05:21 pm
BABBITT V. SWEET HOME CHAPTER OF COMMUNITIES FOR A BETTER OREGON
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Environmental Policy Class Forum
Welcome to the Forum! Here is where you will be answering your daily warm-up questions. Please do not enter your last name for privacy reasons, and you may use a nickname if you would like (Just make sure Mr. Tredinnick is aware of the nickname you are using). Write out thoughtful responses to the forums on the days they are assigned. If you miss a day please take it upon yourself to complete the Forum you missed. Each Forum has the targeted Learning Objective(s) there so you can see what the focus of the day's class will be.