Abstract

http://ssrn.com/abstract=1108288
 


 



Biodiversity and a New Best Case for Applying the Environmental Statutes Extraterritorially


Paul Boudreaux


Stetson University - College of Law

2007

Environmental Law, Vol. 37, No. 4, 2007

Abstract:     
The federal courts have applied a presumption that environmental statutes do not apply to conduct overseas. Efforts to overcome this presumption through the supposed intent of Congress have largely failed. This Article argues for a new best case for applying environmental laws extraterritorially, focusing on the Endangered Species Act's powerful section 7. This best case would assert that (1) the overseas action affects interests within the United States, such as the interest in preserving biodiversity for future needs, and (2) the action would not create a clash with the expectations of foreign governments or culture.

Number of Pages in PDF File: 38

Keywords: Environmental Law, Natural Resources Law, Endangered Species Act, Extraterritoriality, Biodiversity

JEL Classification: K32, K33

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Date posted: March 19, 2008  

Suggested Citation

Boudreaux, Paul, Biodiversity and a New Best Case for Applying the Environmental Statutes Extraterritorially (2007). Environmental Law, Vol. 37, No. 4, 2007. Available at SSRN: http://ssrn.com/abstract=1108288

Contact Information

Paul Boudreaux (Contact Author)
Stetson University - College of Law ( email )
1401 61st Street South
Gulfport, FL 33707
United States

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