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Federalism, Preemption, and the Nationalization of American Wildlife Management
The Dynamic Balance Between State and Federal Authority
Federalism, Preemption, and the Nationalization of American Wildlife Management
The Dynamic Balance Between State and Federal Authority
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Description
Environmental law expert Lowell E. Baier reveals how over centuries the federal government preempted the states’ authority over managing their resident wildlife. He shows the precedents that led to the current state of wildlife management, and how to foster a constructive environment at all levels of government to improve wildlife and biodiversity.
Table of Contents
Guide to Acronyms, Constitutional Provisions, and Terms xiii
Foreword xvii
Preface xxi
1 From the Mayflower Compact to the US Constitution, 1620–1789 1
2 Defining the New Government and the Separation of Powers, 1789–1835 10
3 Westward Expansion, the First Industrial Revolution, Dual Sovereignty, and the Public Trust Doctrine, 1835–1861 16
4 The Civil War, Reconstruction, the Advent of the Second Industrial Revolution, the Enduring Public Trust Doctrine, and State Ownership of Wildlife, 1861–1896 24
5 America's Changing Culture: Market Hunting, the Lacey Act, the Migratory Bird Treaty Act, and the Beginning of the Progressive Era, 1896–1910 32
6 The Ethos of the Industrial Revolution Drives the Progressive Movement into America's Social Fabric and Laws, 1910–1919 42
7 Prohibition and Reform: The Emergence of the Administrative State, 1919–1933 55
8 The Great Depression, FDR's New Deal, and a “New” Supreme Court Overwhelms States' Rights, 1933–1941 65
9 The Competi
Product details
| Published | Mar 30 2022 |
|---|---|
| Format | Hardback |
| Edition | 1st |
| Extent | 342 |
| ISBN | 9781538164907 |
| Imprint | Rowman & Littlefield |
| Illustrations | 7 b/w illustrations; 7 b/w photos; 2 graphs; |
| Dimensions | 228 x 160 mm |
| Publisher | Bloomsbury Publishing |
About the contributors
Reviews
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In this informative, highly readable book, Lowell Baier traces the trajectory of the federalism doctrine from its pre-founding origins to the present day. Having provided that broad context, the author ably chronicles federalism’s evolution in the area wildlife management, from the 19th century public trust doctrine through landmark enactments, such as the Migratory Bird Treaty Act and the Endangered Species Act, and important Supreme Court precedents. The basic story is one of increased centralization and federal preemption, largely driven—the author shows—by an abiding and perhaps excessive faith in ‘scientific management’ and ‘expertise.’ Baier’s engaged, yet judicious and commendably non-polemical discussion should be of value and interest to a broad audience.
Michael S. Greve, PhD, Professor of Law, Antonin Scalia School of Law, George Mason University. Author of Real Federal¬ism: Why It Matters, How Could It Happen
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American wildlife management law for over two centuries has been a crucible in which the evolution of American federalism was forged. Lowell Baier’s sweeping, accessible account of that history comprehensively and insightfully assesses the conflicts and tensions leading to an ascendant federal presence. Looking forward, climate change presents an unprecedented challenge to conservation policy, requiring that we return to the crucible to forge a national wildlife management regime for a no-analogue future. Whether one leans towards staying with the strong federal model Baier critiques or favors returning to the more state-centric approach he advocates, this masterful history is indispensable reading for anyone engaged in the conversation about the future of our nation’s wildlife and habitat conservation federalism.
J. B. Ruhl, PhD, JD, David Daniels Allen Distinguished Chair in Law, Co-Director, Energy, Environment, and Land Use Law Program, Vanderbilt University School of Law
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In charting the development of federalism over the history of the United States, the book offers an instructive account of the evolving conceptions of this key structural principle. Baier illuminates two important and sometimes conflicting features of contemporary federalism—the need for concurrent federal and state regulation and the extremely powerful role of federal spending. By applying these critical insights to the field of environmental protection, the book makes a significant contribution to a crucial area of public policy.
Robert A. Schapiro, JD, Dean and C. Hugh Friedman Professor of Law University of San Diego School of Law
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Lowell Baier breathes life into this scholarly-but-vivid review of American federalism. The greatest tragedy of conservation law has been to sow discord among advocates who should be allies in habitat restoration and management. As someone who often sides with a more muscular federal approach, I nonetheless find common cause with Baier in understanding these origins of the internecine feud over conservation.
Robert L. Fischman, JD, George P. Smith, II, Distinguished Professor of Law Professor of Public and Environ¬mental Affairs, Indiana University Maurer School of Law
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Lowell Baier provides an opening here: an opening to engage in a more serious and thoughtful debate about the future of wildlife and biodiversity in the United States. As Baier shows with a sweeping historical narrative, there is not a facet of wildlife management, or a solution to the biodiversity crisis, that doesn’t implicate federalism in some fashion. Not everyone will agree on Baier’s diagnosis of what went wrong in the balance of federal and state powers and what needs to be done about it. But the most viable and durable solutions will emerge only once the champions of federal and state powers over wildlife listen and learn from one another. Baier’s book provides one such opportunity and his call for rediscovering a common bond, matched with responsible funding for the ESA and wildlife conservation more broadly, could not come at a better time.
Martin Nie, PhD, Professor, Natural Resources Policy. Director, Bolle Center for People and Forests W.A. Franke College of Forestry and Conservation, University of Montana
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Tension between the states and the federal government within the unique American enterprise of wildlife conservation and management has simmered and boiled over repeatedly since the origins of the conservation movement. Lowell Baier has produced a scholarly, thoroughly researched, clearly written history with an explanation of the roots of the current conflict, and a recipe for cooperative conservation.
John F. Organ, PhD, CWB, Scientist Emeritus, Cooperative Fish and Wildlife Research Units, Past President, Honorary Member, and Fellow, The Wildlife Society, 2020 Aldo Leopold Memorial Award, 2014 George Bird Grinnell Memorial Award, DOI Meritorious Servi
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Bloomsbury Collections
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