Review editor's note.It gives me great pleasure to present the 2003 Ninth Circuit Environmental Review. This Review issue includes case summaries of the natural resource and environmental decisions of the Ninth Circuit Court of Appeals from approximately March 2003 to March 2004. It also includes two student Chapters discussing significant Ninth Circuit cases. Ninth Circuit Review Members are selected from Environmental Law's yearly writing competition based on their excellent writing skills. Along with the typical source-checking duties of first-year members, Ninth Circuit Review Members write case summaries for this Review issue, as well as Chapters focusing specifically on Ninth Circuit cases. The two Chapters chosen for this Review address important issues in the environmental law field. Ms. Amie Jamieson discusses the interaction between the Endangered Species Act The federal Endangered Species Act of 1973 (ESA) (16 U.S.C.A. §§ 1531 et seq.) was enacted to protect animal and plant species from extinction by preserving the ecosystems in which they survive and by providing programs for their conservation. (ESA 1. (architecture) ESA - Enterprise Systems Architecture. 2. (body) ESA - European Space Agency. ), the Bald and Golden Eagle Protection Act (BGEPA BGEPA Bald and Golden Eagle Protection Act ), and the Religious Freedom Restoration Act The Religious Freedom Restoration Act (, also known as RFRA) is a 1993 United States federal law aimed at preventing laws which substantially burden a person's free exercise of their religion. (RFRA RFRA Religious Freedom Restoration Act of 1993 RFra Rhine Franconian (linguistics) ) in United States v. Antoine. She cautions that delisting eagles under the ESA should not be used as the sole basis to eliminate statutory protection of bald eagles under a RFRA challenge to the BGEPA: Ms. Kay Shirey addresses the intersection of domestic environmental law and international trade law, particularly that of the North American Free Trade Agreement North American Free Trade Agreement (NAFTA), accord establishing a free-trade zone in North America; it was signed in 1992 by Canada, Mexico, and the United States and took effect on Jan. 1, 1994. , in Public Citizen v. Department of Transportation--a case that the Supreme Court heard in April and reversed in June. Ms. Shirey argues that in light of the globalization globalization Process by which the experience of everyday life, marked by the diffusion of commodities and ideas, is becoming standardized around the world. Factors that have contributed to globalization include increasingly sophisticated communications and transportation of the economy, U.S. courts must consider the international law issues lurking behind environmental law questions and not dismiss them as executive powers issues. It is the hard work, dedication, and superior writing skills of all four Ninth Circuit Review Members that have made this Review possible. This Review is intended as a useful, comprehensive resource for both practitioners and students who desire to stay informed about significant environmental issues in the Ninth Circuit. I trust you will find these Chapters and case summaries a valuable addition to your environmental law collection. |
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