FSU College of Law Research Center Blog

Botanical Biodiversity Research at FSU

Assisted by an NSF grant, FSU is leading a project to create high-resolution images of 100,000 plant specimens in the Deep South Plant Specimen Imaging Project.  The East Gulf Coastal Plain, stretching from west of Gainesville to New Orleans and about 175 miles inland is considered a U.S. hotspot for biodiversity and species endangerment.  The new project will produce images similar to those already online from the Robert K. Godfrey Herbarium at FSU.  Once created, the images will be deposited in the FSU-based MorphBank, a gigantic repository of searchable images of plants and animals with annotations by expert biologists.

Robin Gault

Economics of Climate Change

In late 2006 Sir Nicholas Stern, Head of the [U.K.] Government Economic Service issued a comprehensive review, "The Economics of Climate Change."  Stern describes his conclusions as "essentially optimistic... if we act now and act internationally."  The report, along with critiques and responses, is available here.

Robin Gault

Dolphin Safe Labeling

In an opinion from the United States Court of Appeals for the Ninth Circuit issued April 27th, the court refused to allow a relaxed standard for the "dolphin safe" tuna label.

This case concerns the practice of catching yellowfin tuna by encircling dolphins with purse-seine nets. The dispute over whether tuna sellers may label tuna as dolphin-safe if caught with such nets has a long history that for us begins with Congress’s enactment of the International Dolphin Conservation Program Act (“IDCPA”) in 1997. 16 U.S.C. § 1385 (1997). The statute required the Secretary of Commerce through the National Oceanic and Atmospheric Administration (“NOAA”), to conduct certain scientific studies and determine whether or not the tuna fishery is affecting the dolphin population. According to the bill’s proponents, Congress would weaken the then-strict tuna labeling requirements, and permit broader use of “dolphin-safe” labeling, only if the Secretary found that the fishery was not having a significant adverse impact on already depleted dolphin stocks.

Read the opinion here.

Posted by Jon Lutz

Battle Looms Over EPA Library Closure

From the Humanities and Social Sciences Net Online:

BATTLE LOOMS OVER EPA LIBRARY CLOSURE
The battle in Washington is escalating over a move by the U.S.
Environmental Protection Agency (EPA) to close its nationwide network
of scientific libraries.  EPA began closing some of its regional branch
libraries and one at its Washington, D.C. headquarters earlier this
fall.  The agency is not only closing the facilities, but also has
reportedly begun to destroy documents or shipped them to repositories
where they are uncataloged and inaccessible to EPA employees,
scientists, and the general public.  In addition, EPA has authorized
the U.S. General Services Administration to begin selling off library
equipment.

This week, four Democrats who will likely chair key House committees in
the 110th Congress sent what amounted to a cease and desist letter to
EPA Administrator Stephen Johnson urging him to halt the library
closures.  In the letter, Ranking Members Reps. Bart Gordon (D-TN),
John Dingell (D-MI), Henry A. Waxman (D-CA) and James Oberstar (D-MN) expressed their serious concerns over the current implementation of "library reorganization" plans and the "destruction or disposition" of library holdings.  "It is imperative that the valuable government information maintained by the EPA's libraries be preserved," wrote the Ranking Members.

In September, the four Democrats asked the Government Accountability
Office to initiate an investigation of the impact of EPA's proposed
library closures.  They want Johnson to halt his reorganization until
the GAO issues its report.  The closure of the libraries was included
in the administrations' proposed FY 2007 budget for EPA.  The
initiative is estimated to save EPA $2 million annually.  However,
since the federal government is operating under a continuing
resolution, Congress has not technically signed off on the proposed cuts.

Read it online here.

Plus, from Mary McCormick a link to the EPA FY 2007 Library Plan: National Framework for the Headquarters and Regional Libraries.

Posted by Jon Lutz

Biotechnology Law and Regulation

Biotechnology Law and Regulation - The ASEAN Perspective by Sufian Jusoh and published by Cameron May surveys the law and regulations relating to biotechnology activities in the 10 member countries of ASEAN.  Topics covered include biotechnology policies, access to genetic resources and benefit sharing, biosafety laws relating to food, protection of plant varieties, patent, pharmaceuticals, labeling, and  religious laws and cloning.  There is more information here on the Cameron May site and also here on the Amazon UK site.

Posted by Jon Lutz

Lake Okeechobee Dike Report

The South Florida Water Management District has released a report, found here, by three experts in dam safety and geotechnical analysis who evaluated Corps of Engineers documents concerning the structural integrity of the 140 mile-long Herbert Hoover Dike surrounding Lake Okeechobee. 

Posted by Mary McCormick
 

Whistleblower Program Needs Improvement

Whistleblowers act in many cases as the publics first line of defense against wrongful conduct of public officials.  But a recent audit overseen by the Office of Financial Management for the State of Washington suggests that a lack of follow through and an inability to protect whistleblowers weakened the program.  Read the report here.

Posted by Jon Lutz

Migratory Birds and the Law

As migrating birds visit our North Florida woods and wetlands this winter, some people may question  their welcome.  Can wild bird populations spread the deadly Bird Flu virus worldwide?  Some scientists say the spread of the virus has not been linked to migratory patterns, and commercial shipments of domestic poultry carry a far greater risk:  http://msnbc.msn.com/id/10624217/

Others say that the virus has been detected in wild birds, increasing the chances of its global dissemination: http://www.washingtonpost.com/wp-dyn/content/article/2005/07/06/AR2005070601967.html   There are no easy answers.

Nevertheless, wild birds are protected under the law.  For links to the primary authorities of the United States that safeguard migratory bird populations and their habitats, see "A Guide to the Laws and Treaties of the United States for Protecting Migratory Birds"  http://www.fws.gov/migratorybirds/intrnltr/treatlaw.html

Posted by Patricia Bingham-Harper

"Happier Meals: Rethinking the Global Meat Industry"

Since the latest outbreak of avian flu began in southeast Asia, public health officials have referred to the threat as a "natural" disaster.  However, avian flu, mad cow disease, and other emerging diseases that can jump from animals to humans are symptoms of a larger change taking place in agriculture:  the spread of factory farming.  As environmental and labor regulations in the EU and the US become stronger and more prohibitive, large agribusinesses are moving their animal production operations overseas, primarily to countries with less stringent enforcement.  Factory farms invite a host of environmental, animal welfare, and public health problems.  Mitigating the fallout will require a new approach to the way animals are raised concludes Danielle Nierenberg in the latest release from the Worldwatch Institute titled Happier Meals: Rethinking the Global Meat Industry.  Read more here or check out this 91-page report from the Law Library.

Posted by  Trisha Simonds

Hurricane Katrina Litigation

On October 17, 2005, Maples & Kirwan filed suit on behalf of Rocco and Thomas Tommaseo  (1:05-cv-01119-SGB) in the Federal Court of Claims against the United States, alleging that the Army Corps of Engineers' creation of the Mississippi River Gulf Outlet was a "taking" for which compensation should be given to owners of real property flooded by Hurricane Katrina.  The Washington Post has excerpted some of the counts in the complaint in Verbatim.  The complaint is not available through PACER.

Posted by Mary McCormick