Federalism, Preemption, and the Nationalization of American Wildlife Management

The Dynamic Balance Between State and Federal Authority

Lowell E. Baier

• Publisher: Rowman & Littlefield Publishers
• Year: 2022
• eBook ISBN: 9781538164914
• Edition: 1
• Topic: Law
• Subtopic: North American History
• Index: Law

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

• List of Illustrations
• Guide to Acronyms, Constitutional Provisions, and Terms
• Foreword
• Preface
• 1 From the Mayflower Compact to the US Constitution, 1620–1789
• 2 Defining the New Government and the Separation of Powers, 1789–1835
• 3 Westward Expansion, the First Industrial Revolution, Dual Sovereignty, and the Public Trust Doctrine, 1835–1861
• 4 The Civil War, Reconstruction, the Advent of the Second Industrial Revolution, the Enduring Public Trust Doctrine, and State Ownership of Wildlife, 1861–1896
• 5 America’s Changing Culture: Market Hunting, the Lacey Act, the Migratory Bird Treaty Act, and the Beginning of the Progressive Era, 1896–1910
• 6 The Ethos of the Industrial Revolution Drives the Progressive Movement into America’s Social Fabric and Laws, 1910–1919
• 7 Prohibition and Reform: The Emergence of the Administrative State, 1919–1933
• 8 The Great Depression, FDR’s New Deal, and a “New” Supreme Court Overwhelms States’ Rights, 1933–1941
• 9 The Competing Ideologies that Characterized the Progressive Movement and Beyond, 1890–1940
• 10 The Stone Court and the Development of the Presumption against Preemption in Rice, 1941–1946
• 11 The End of the State Wildlife Ownership Doctrine following World War II, 1946–1969
• 12 The Burger Court: State Ownership of Wildlife Declared a Legal Fiction and Anachronism, 1969–1986
• 13 The Rehnquist Court: A Continued Swing toward Conservative Federalism and Preemption, 1986–2005
• 14 The Roberts Court and the Development of Area-Specific Jurisprudence, 2005–2022
• 15 The Future of Federal Preemption of State Authority over Wildlife and the Presumption against Preemption Doctrine in Wildlife Cases
• 16 State and Federal Cooperation and Coordination under the Endangered Species Act: Past and Present
• 17 The Three Biggest Threats Undermining Federalism and State Wildlife Management Authority
• 18 Funding Endangered Species Conservation: The Achilles Heel
• Conclusion
• Acknowledgments
• Appendix 1: Federal Environmental and Consumer-Protection Statutes and Agencies Established during the 1960’s and 1970’s Green Revolution
• Appendix 2: Graphs of Preemption Statutes and US Supreme Court Cases
• Bibliography
• About the Author