ENSP102 NOTES – PROFESSOR GOJERTOPIC: BIODIVERSITY- Biodiversity – diversity or variety of plants, animals, and other living things in a particular region or area- Rates of biodiversity loss:o 2002 goal of reducing biodiversity has not been met by 2010o Lack of data on known species, no data on unknown specieso Rainforests are most endangered- Reasons for biodiversity loss:o Habitat change, invasive species, climate change, overexploitation, pollution- Why do we protect biodiversity?o Food, medicine, pollination of crops, spiritual/religious values, recreation, aesthetic value, intrinsic value, ecosystem protection- Ethical questions:o Is it wrong to harm species? Is it wrong to harm them because they are essential to humans or because they have value in their own right?- Endangered Species Act (ESA)o Passed in 1973 o One of the strongest environmental laws ever passedo Lightning rod for property rights advocates and holders of resource entitlements- “It is in the best interest of mankind to minimize the losses of species because they are potential resources”- Findings and purposes of the ESA:o Findings – species have been rendered extinct “as a consequence of economic growth and development” and “species are of aesthetic, ecological, educational, historical, recreational, and scientific value”o Purpose – “to provide a means whereby ecosystems upon which endangered species and threatened species depend may be preserved” but in reality, the act has been focused on individual species rather than ecosystems- Who is in charge?o FWS  land and freshwater specieso NMFS  marine species- Everyone must complyo ESA requires federal agencies to “consult” with FWS or NMFS to ensure that their actions will not jeopardize threatened/endangered species or result in destruction of critical habitats If actions will jeopardize, they can develop a plan to mitigate the impacts, otherwise in violation of the ESAo ESA prohibits private parties from taking, selling, importing, or exporting any protected species (applies to private conduct) 80% of species live on private land “take” includes “harm”  “harm” includes “significant habitat modification”- Listing species:o Either has “threatened” or “endangered” (threatened < endangered)o Listing decisions solely on the best available data, no consideration of economic impacto Habitat destruction, overutilization, natural factors- Designating critical habitat for species:o Designated after they’re listed  Delayso On the basis of best available data, after taking into consideration economic impact, impact on natural security, and any other relevant impact- TVA v. Hill:o US Supreme Court stopped completion of Tellico Dam because it would decimate snail darter populationo ESA – “we must protect species whatever the cost”o Appropriations Rider – yes – dam completed- Case study: Polar Bearo Listed as threatened in 2008 due to threats of climate changeo Exempted from “take” resulting from actions outside of Alaskao Critical habitat designated in 2010 – 187,000 square miles Lawsuit by oil and gas industry challenging the designation- Case study: Bowhead Whaleso Marine Mammal Protection Act and Endangered Species Acto Threatened by offshore drilling proposed in the Arctic- Case study: Cape Sable Seaside Sparrowo Endangered Species Acto Florida Everglades Restoration- Case study: Klamath Basino Operation of federal water supply project by the US Bureau of Reclamationo Salmon and other fish species listed under ESA  Economic benefits, cultural benefits, environmental benefitso Farming community  Water for agriculture- Has the ESA been a success?o Very few species have “recovered” and been removed from the listo While strong, ESA doesn’t generally prevent development, but rather allows for mitigation of species impactso Species-by-species v. ecosystem-based approach- International efforts:o Convention on International Trade of Endangered Species (CITES) - 1975 Regulatory, pre-Rio Currently 175 parties - US ratifiedo Convention on Biological Diversity (CBD) – 1993 Blend of conservation and development Framework, Rio Currently 193 parties - US has not ratified- Convention on Biological Diversity (CBD)o 1992 – Rio Earth Summit – Framework convention – Establishes guiding principles and goals, not specific regulationso 1993 – Entered into forceo 2010 – most widely ratified of all environmental conventions- 3 main objectives: conservation of biodiversity, sustainable use of its components, fair and equitable sharing of benefits from utilization of genetic resources- Issues:o Developed world v. developing world Compromise, financial assistance neededo Problems with access to and benefits from genetic resources Taking resources and traditional knowledge IP rights Requires informed consent from country of origin and benefits sharingo Targets haven’t been met- Convention on International Trade of Endangered Species (CITES)o Currently covers 5,000 animal species and 28,000 plant specieso Provides regulatory framework  Domestic legislation needed in each country (ESA, African Elephant Conservation Act)- How does CITES work?o Import/export licensing systemo 3 Appendices Appendix I – species threatened with extinction - International trade prohibited Appendix II – species not threatened with extinction, but for which trade needs to be controlled- Export permit required Appendix III – request from a country to help with species protection- Assessment of CITES:o Strengths: Considered one of the most successful wildlife conservation treaties Provides clear rules and effective deterrentso Weaknesses: Focuses on species level Doesn’t address ecosystems degradation as threat Negative list implies trade okay unless specified Enforcement expensive especially for developing countriesTOPIC: NEPA- Signed in 1970 by President Nixon- Began the Environmental Decade- Has become widely emulated by states and other countries - National Environmental Policy Act (NEPA)o Not command and control like CWA and CAA. Rather creates a process for federal agency decision makingo Vehicle for challenging federal decision, particularly those affecting natural resources (Army Corps of Engineers, US Forest Service, etc)- Findings and goals:o “To create and maintain conditions where man and nature can exist in