Law and Policy Test 1

When was the first form of police officers?

1000 BC in early Greece

When was the earliest form of game management?

Genghis Khan with the Mongols

He places a harvest restriction (hunting season)

Also practiced feeding, food plots, and cover control

What was the intention of the Magna Carta (1215)?

Attempted to limit the power of King John

How did the Magna Carta relate to wildlife policy?

Stated wildlife belonged to the landowners (lords and barons)

What is feudalism in early UK settlements?

A set of reciprocal legal and military obligations among warrior nobility with three key components: Lords, vassals, and feifs

What are some examples of regulations to control harvest implemented during the 1700s?

1717 - deer were protected for 5 years

1776 - every colony, except Georgia, closed deer season

No hunting during breeding season

Non-residents are not permitted to hunt

No exporting wildlife (ex. racoons for hats)

State Ownership Doctrine (10th Amendment)

Wildlife belongs to people

Care is entrusted to the states

Geer vs. Connecticut (1896)

Wildlife is the property of no one

Wildlife is entrusted to the state, not the landowner

Came after Geer wanted to sell game in another state in accordance to the commerce clause

Supreme Court ruled with state

New Mexico Game Commission vs Udall - 1969

Supreme court ruled that wildlife on federal land belonged to fed. gov. 

What predator control did Nixon implement during the years 1964 to 1972?

Stopped all use of poison on federal land

What are land reservations?

Land purchased to allow wildlife to recover

When was the first National Park established? What was this park?

1872 - Yellowstone

When was the first wildlife refuge established? What was this refuge?

1903 - Pelican Island

What are some examples of reestablishment programs implemented?

1934 - Fish and Wildlife Coordination Act

Yellowstone elk

1906 - Beavers (due to trading)

1930 - Wild turkies

Bison

Pronghorn

What led to the extreme loss of American Bison?

Fed. Gov hunting them to starve the Native Americans

What are some exotic species that have been released during the 1800s?

Pheasants

English sparrow

European Starling

What does Article 1 of the Constitution establish?

Sets the powers granted to congress 

Establishes two houses: the House of Representative (435) and the Senate (100)

Commerce Clause

Regulates commerce with foreign nations, among states, and with native peoples

How does the Commerce Clause affect wildlife and environmental law?

Virtually all fed. and environmental laws relating to natural resources are at least partially based on the commerce clause

Effective way to limit market hunting and foster fed. protection of wildlife

What is the Taking Clause?

No person shall “be deprived of life, liberty, or property without due process of law nor shall…property be taken for public use without due compensation”

What is the Reserved Powers clause (10th Amendment)?

Powers not delegated to the U.S. or prohibited to the states lie with the states or the people

***The fed. gov. of enumerated powers or “limited gov.”

Martin vs. Waddell

Established state ownership of natural resources

Held in the public trust

Stated that gov. owned navigable and bottoms beneath

Smith vs. Maryland

Courts ruled state’s restriction on using scoop or drag harvest of oysters was not an impediment to interstate commerce 

Upheld Martin ruling

Geer vs. Connecticut

Court ruled that state owned harvested game and could therefore regulate takings

Lacey Act of 1900

Prohibited interstate transportation of wild animals and birds killed in violated of state law

Granted constitutional authority for fed. wildlife regulation

Migratory Bird Act of 1913

All migratory game and insectivorous birds are protected and custody of the U.S. gov.

Rejected Geer ruling that game was property of the state

Migratory Bird Treaty Act of 1918

Reinforced migratory bird act through a joint resolution with Canada for migratory bird protection

Missouri vs Holland

Established the supremacy of the fed. treaty and made power as source of authority for fed. wildlife reguation

Pitman Robertson Act - 1937 Fed Aid in Wildlife Restoration Act

“User pays, user benefits”

Established 11% tax on arms and ammunition used for wildlife and restoration

75% to 25% match for acquisition, restoration, rehabilitation, and improvement for wildlife

1970 - Fed. exhibit tax on pistols and revolvers

1975 - ½ fed tax on archery equipment and finding for hunter safety programs

Dingell - Johnson Act - 1950 Fed. Aid in Sport Fish Restoration Act

Established tax on fishing tackle

Wallop - Breaux Amendment - extended tax to additional fishing gear, electric motors, sonar, and boat fuel

2008 Amendment to the Lacey Act

Regulates plant and plant product trade

Meant to combat illegal deforestation and promote sustainable practices

What does the Lacey Act require of packages containing dead animals or their parts?

That they are clearly marked

Purpose was to make it illegal to poach in one state and sell in another

Who enforces the Lacey Act?

The Department of Interior

Department of Agriculture

Department of Commerce

Department of Justice

Customs and Border Protection

Which section of the Lacey Act provides that birds, animals, and parts there of transported into any territory are subject to laws of that territory as well as the provided state?

Section 5

What did the 1935 Amendment of the Lacey Act do?

Prohibited interstate commerce involving wild animals as well as parts captured or killed contrary to fed. laws or the laws of any foreign country

Amended in 1969 to include fish?

Which executive order directed authorities and fed. agencies to restrict introduction of exotic species into natural ecosystems as well the introduction of native species into natural systems abroad?

Executive Order 11987 issues by Jimmy Carter

What does the Fed. Noxious Weed Act of 1974?

Protects against introduction of diseases and pest harmful to other plants

What does the National Environmental Policy Act of 1969 do?

Helps regulate the public use of commune resource

Enacted legislative and executive response to growing public concern of environmental conditions

What are some notable events that led to NEPA?

1960 - Jaques Cousteau opposed French gov’s plan to dump radioactive waste into Mediterranean

1961 - 3 operators killed when a nuclear reactor exploded in Arco, Idaho

1962 - Silent Spring

1963 - 2500 died in Vermont Reservoir in mountains in Venice due to landslide caused by destabilization of geological features

1966 - French began nuclear testing in South Pacific, French Polynesia

1966 - Fermi No. 1 lost coolant and partially melted down

1967 - Torrey Canyon oil tanker crashed off England Coast

1969 - Santa Barbara oil well blew off California Coast

1969 - Cuyahoga River burst into flames

NEPA requires all federal agencies to…

• examine env. impacts of their actions

• incorporate env. information on project planning

• make env. info, including interacting gov. agencies accessible and understandable for public

• utilize public participation in planning and implementation

What does the Council on Environmental Quality do?

Requires Fed. Agencies to establish policies and regulations are in compliance with NEPA

Located within Executive Office

Who established the Office of Env. Justice?

George W. Bush

What are the three goals of NEPA?

Harmony between humans and the environment

Eliminate env. damage, promote wealth, and humanity

Enrich and understand natural resources

What are the sections of an Environmental Impact Statement?

Summary

Statement or purpose and need

Possible alternatives, including the proposed action and outcome of no action

Cost/benefit

Invitations for comments, especially those from the public

Schedule for agency actions

What does FONSI stand for?

Finding of no significant impacts

What is the purpose of the Clean Water Act?

Establishes basis for regulating discharge of pollutants into waters of US

Gave EPA authority to enforce pollution control programs

What were some triggers for NEPA?

River dams

Increased agricultural use of herbicides and pesticides

Interstate highways and increased car ownership

Rapid industrialization after World War II

Nuclear energy usage

When is an environmental assessment used?

Before an EIS is implemented

Often used to delay project

What is an EA?

A less detailed version of an EIS

FONSI - no trigger

If impact is found - EIS is triggered

Includes brief description of project, alternatives, and agencies/persons involved

Seven County Infrastructure Coalition vs. Eagle County - 2025

NEPA protocol halted railroad oil transportation plan based on the impossibility of knowing all possible outcomes

Ruled that federal agencies aren’t responsible for analyzing impacts related to separate projects and limited NEPA

How many acres of wetlands have been lost since the 1600s?

220 million

What are the ecological values of wetlands?

Wildlife/fish habitat

Groundwater recharge

Nutrient sinks

Outdoor recreation

What are three key elements behind the Clean Water Act recognized by congress?

States set water quality standards to protect designated uses

Fed. gov. must set industry wide, tech based, standards regarding discharges

All discharge must obtain discharge permit that specifies discharge limits and other conditions

What does section 303 of the Clean Water Act address?

Impaired water management and enforcement

Which Section of the Clean Water Act enacted the River Basin Management Program?

Section 303

What is a TMDL?

Total maximum daily load requirements

What subchapter of the Clean Water Act establishes permits and licenses, specifically the National Pollutant Discharge Elimination System?

Subchapter IV

States no pollutant discharge from point source without NPDES permit given by EPA or state

What does Section 401 of the Clean Water Act address?

Water quality certification

Stated that permits are granted or denied within 1 year

No fed. permits are granted until certification is obtained/waived

What does Section 404 of the Clean Water Act address?

A permit program

Gives the United States Army Corps of Engineer the authority to issue permits for disposal of dredged or fill materials into waters

Who has veto authority over the USACE when granting permits?

EPA

What are some agencies that work in coordination with EPA/USACE for permit evaluation?

USFWS, NMFS, NRCS, MDEQ, MDMR, 

According to Section 404 of the Clean Water Act, what activities are exempt from needing to obtain permits?

Normal farming (silviculture and ranching)

Construction of farm/forest roads

Construction and maintenance of farm ponds

What are the five types of mitigation according to the Council on Env. Quality?

Avoid

Minimize

Rectify

Reduce/eliminate

Compensate

What is wetland mitigation?

Process of offsetting damage caused to wetlands by developement

What did George W. Busch say in regards to wetland loss?

“No net loss”

What are three requirements to define an area as a wetland?

Water

Hydric (wet soil)

Hydra-loving vegetation