Journal of Environmental Law & Litigation : Vol. 22, no. 2 (Fall 2007)

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Journal of Environmental Law & Litigation : Vol. 22, No. 2, p. 383-414 : Assimilation, Enclaves, and Take: How States Might Protect Wildlife on Federal Reservations
(University of Oregon Law School, 2007) Miller, Ben
Part I of this Note briefly discusses the interrelationship between state and federal regulation of wildlife and the constitutional constraints. Part II provides a primer on federal enclave law. Part III discusses the background and application of the Assimilative Crimes Act. Part IV discusses exclusive and concurrent jurisdiction. Part V discusses state endangered species acts as criminal laws. Part VI walks through the assimilation of a state wildlife law. Finally, Part VII concludes with some of the challenges of enforcing state prohibitions. The goal of this Note is not to challenge federal authority over wildlife generally, but rather, to ensure there are alternatives available if the federal government is not living up to its stewardship responsibilities.