Conference on Tribal Water Law

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    Journal of Environmental Law & Litigation : Vol. 21, No. 2, p. 383-444 : The Future of Livestock Grazing and the Endangered Species Act
    (University of Oregon School of Law, 2006) Shepherd, Harold S.
    This Article examines the successes and failures of applying the ESA and related laws and policies in protecting federal rangelands from abusive livestock grazing, as well as the consequences the controversy may pose for the ESA and public-lands grazing itself. Specifically, this Article discusses (1) a summary of the legal and scientific standards affecting rangeland and riparian resources; (2) ESA standards and procedures; (3) ESA litigation; (4) on-the-ground examples of ESA species and habitat protection; (5) application of the Administrative Procedures Act (APA) to ESA riparian-grazing cases, including final actions, parties, standing, and ripeness; and (6) the future of the ESA and current legislative efforts to gut the Act. The Article concludes by assessing how attacks on the Act may actually lead to reforms of livestock grazing on federal lands.