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This article introduces the connected concepts of ecolawfare—legal challenges to violations and violators of environmental law—and ecolawriors, its practitioners. These concepts are extensions of lawfare and lawriors, terms that emerged in this century’s first decade in a military context. The article examines sociological, political economic, and legal literature, as well as black letter law, and argues that many non-US jurisdictions have been eco-friendly trendsetters in law. The article examines the relationships of ecolawfare and ecolawriors with Green social movements, presents a Marxian perspective on intergenerational equity, the public trust doctrine, and rights of nature against the backdrop of capitalist extraction, the climate crisis, and related litigation, and posits a legal parallel between protecting ecosystems and protecting civil rights. The article argues that the climate crisis demands radically new approaches to the law, including lawyers who do not think like traditional lawyers.

Richardson’s ground squirrel (Urocitellus richardsonii (Sabine, 1822)) is a widespread burrowing mammal on the northern Great Plains. This species is a prominent prey item for a variety of predators and its burrows provide important habitat for other wildlife; however, Richardson’s ground squirrel is also considered an economically damaging agricultural pest. Despite the ecological importance of Richardson’s ground squirrels and their status as pests, there are gaps in our knowledge about large-scale habitat associations for this species. In 2011 and 2012, we conducted 1840 roadside surveys in a 130 000 km2 area of southern Saskatchewan, Canada, to understand which habitat features are associated with Richardson’s ground squirrel occurrence. Ground squirrels were observed on 8% of the surveys. Probability of ground squirrel occurrence was highest in areas with moderate amounts of grassland (approximately 30%), areas that were developed by humans (>30%), and had a high proportion of clay loam soils, presumably for burrowing. Our study highlights the importance of heterogeneous landscapes and that areas disturbed by humans may provide suitable vegetation structure for ground squirrels. This information can help to identify important habitat for species that rely on Richardson’s ground squirrels and identify areas where Richardson’s ground squirrels could come into conflict with agriculture.

The ‘commons’ is not mentioned in the texts of the European Convention on Human Rights (ECHR) or Article 1 of Protocol No. 1 (P‐1). This essay argues that ‘possessions’ — which does appear in the latter — should be interpreted by the European Court of Human Rights (ECtHR) to protect commons against national governments' undue interferences. The argument comprises two parts. First, we analyse the polysemic term ‘possessions’ to show how the current understanding of this category is marred by flawed assumptions and by false dichotomies. Then, we propose an ‘ecological’ construction of legal relationships between subjects and objects. We find support in the ECtHR case law on Article 8. We argue this approach should be extended to Article 1 P‐1: once disentangled from possessive individualism and market paradigms, ‘possessions’ encompass the commons and the category offers a solid legal basis toward the justiciability in Strasbourg of privatisations

Native grassland in North America is considered one of the most imperiled and altered ecosystems. Unfortunately, an assessment of how much native grassland remains in North America is difficult because all nation-wide landcover mapping products do not reliably distinguish native grasslands from grasslands that have been deliberately planted with tame grasses and forbs (i.e., tame grasslands). We established a 218.5 km2 study area in southwestern Saskatchewan, Canada to evaluate the use of high-resolution Light Detection and Ranging (LiDAR) for classification of native (i.e., fields with native-dominant species mixes or fields that were formerly native species dominated but have been invaded by exotic species) and tame grasslands (i.e., grasslands dominated by exotic grass and forb species), and compared these classifications to the best-available landcover mapping product that is currently available for this area. We used the presence of tractor furrows, identified from the LiDAR digital terrain hillshade product, in tame-dominated grasslands to distinguish them from native-dominated grasslands that had an absence of tractor furrows. The LiDAR method achieved substantially better classification success (Cohen's Kappa = 0.57) at distinguishing native-dominated (N = 82) from tame-dominated grasslands (N = 45), than the currently available landcover product (Cohen's Kappa = 0.13) over our 218.5 km2 study area. Misclassification by LiDAR of fields that had been planted with tame grasses and forbs, but were starting to be re-established by native plants appeared to be one weakness of the method in the study area. Our research highlights a novel and time-efficient method for classifying LiDAR imagery using easily available image analysis features in ArcGIS.

Understanding factors that influence the demography of grassland species in agricultural landscapes is essential given the amount of land under agricultural production. Winter wheat is promoted by avian conservation organizations in North America because it provides cover early in the breeding season without much disturbance to nesting waterfowl. We conducted point-count surveys in fields of winter wheat, spring wheat, summerfallow, planted grassland and native grassland to determine: 1) the relative benefits of winter wheat to songbirds, 2) the extent to which cropland suitability changes over the breeding season, and 3) the extent to which the surrounding landscape influences songbird abundance. Horned lark (Eremophila alpestris), Savannah sparrow (Passerculus sandwichensis) and vesper sparrow (Pooecetes gramineus) were most commonly recorded in wheat and summerfallow fields, and their abundance varied over the breeding season and with the amount of native grassland in the surrounding landscape. Horned lark was more abundant in winter wheat early in the breeding season and its abundance increased with the amount of native grassland in the surrounding landscape. Savannah sparrow abundance increased in all field-types over the breeding season and decreased in cropland fields as the amount of native grassland in the surrounding landscape increased. Programs that encourage or incentivize winter wheat seeding in grassland-dominated landscapes will yield the greatest benefits for horned lark whereas Savannah sparrows would derive the greatest benefit in cropland-dominated landscapes. However, such programs must target cultivated fields to ensure that grassland obligate species are not compromised.

Heavy and frequent rain, low temperatures, and strong winds may decrease adult foraging time, cause thermoregulatory stress on nestlings, and lead to nest damage or destruction, all of which can negatively affect breeding success. However, certain parental behaviours can mitigate these potentially negative effects of inclement weather. We examined how parents could mitigate these negative weather effects by adjusting three behaviours—nest attendance, prey deliveries, and nest maintenance—before, during, and after storms at 11 nests of the at-risk Ferruginous Hawk (Buteo regalis) in Canada. Female adults spent an increasing amount of time on the nest as wind speed increased. Similar numbers of prey were delivered before and after storms, suggesting that Ferruginous Hawks do not compensate for lost foraging time. They appeared to demonstrate an ability to detect approaching storms, possibly by responding to falling barometric pressure cues, and may have mitigated the risk of nest damage by increasing their nest maintenance behaviours. Our study is among the first to observe storm preparation behaviour, and indicates that some raptorial birds have the ability to alter nesting behaviour in response to approaching inclement weather.

Summary The frequency and intensity of extreme weather has increased in North America against a backdrop of anthropogenic land change. Few studies have examined how wildlife is affected by extreme weather, and none have examined whether any resulting effects are contingent upon the degree of anthropogenic landscape change. Using an 8-year study in Canada (2003–2010), we examined how nest survival of burrowing owls Athene cunicularia varied in relation to weather, vegetation and soil type around the nest. Using a 3-year (1992, 1993 and 1996) feeding experiment, we examined whether food limitation also causes owlet mortality during inclement weather. Lastly, we examined how productivity (i.e. annual fledgling output) between 2003 and 2010 varied as a function of breeding season precipitation anomalies. Using this relationship, we estimated how productivity has changed in response to breeding season precipitation anomalies from 1960 to 2012. During extreme precipitation events, nest survival decreased because of flooding. When burrow flooding did not occur, the youngest owlets in broods that were not food-supplemented had the lowest survival rates when there was precipitation, yet almost all food-supplemented owlets survived bouts of inclement weather. Accordingly, annual productivity from 2003 to 2010 varied inversely with breeding season precipitation anomalies, and we estimated that mean annual productivity decreased by 12% from 1960 to 2012. Synthesis and applications. Extreme rainfall during the breeding season reduced reproductive success of burrowing owls. Given that many raptors experience food limitation during extreme rainfall, large-scale habitat management to increase the abundance and availability of prey may allow these species to better withstand acute food shortages. In light of predicted increases in the frequency and intensity of extreme weather, supplemental feeding could be used in triage situations for burrowing owl management and has the potential to be an effective short-term conservation measure for other raptors. Protecting or reclaiming pastures in uplands that are less prone to flooding would further buffer burrowing owls and other ground-nesting species from extreme precipitation. These actions should mitigate the negative effects of extreme rainfall in the short term; however, long-term persistence of many species will become increasingly uncertain, as climate change scenarios predict an increase in the frequency and intensity of extreme weather.

Agriculture and wildlife conservation programs have converted vast amounts of cropland into grasslands planted with exotic species. Understanding how landscape context influences avian use of native and planted grasslands is essential for developing effective conservation strategies in agricultural landscapes. Our primary objective was to determine the extent to which the amount and type of grassland in the surrounding landscape influences the abundance of grassland songbird species on native and planted grassland parcels in southern Saskatchewan and Alberta, Canada. Bird abundance was more strongly influenced by the amount and type of grassland within 400 m of breeding parcels than at larger spatial scales. Grassland specialists responded similarly to habitat and landscape type over both years and provinces. Sprague's pipit (Anthus spragueii) and Baird's sparrow (Ammodramus bairdii) were most common in native grassland parcels surrounded by native grassland and were more likely to occur in planted grasslands surrounded by native grassland. Bobolinks (Dolichonyx oryzivorus) were most common in planted grassland parcels, but their abundance increased with the amount of native grassland surrounding these parcels. Our findings indicate that the suitability of planted grasslands for these species is influenced by their proximity to native grassland. Grassland generalists showed mixed responses to habitat and landscape type over the 2 years (Le Conte's sparrow (Ammodramus leconteii)) and between provinces (Savannah sparrow (Passerculus sand- wichensis) and western meadowlark (Sturnella neglecta)). Management to benefit grassland specialists should therefore consider the landscape context when seeding cultivated land to non-native grassland and conserve extant native grassland. 2013 The Wildlife Society.

Across North America, grassland songbirds have undergone steep population declines over recent decades, commonly attributed to agricultural intensification. Understanding the potential interactions between the impacts of climate change on the future distributions of these species and the availability of suitable vegetation for nesting can support improved risk assessments and conservation planning for this group of species. We used North American bioclimatic niche models to examine future changes in suitable breeding climate for 15 grassland songbird species at their current northern range limits along the boreal forest-prairie ecotone in Alberta, Canada. Our climate suitability projections, combined with the current distribution of native and tame pasture and cropland in Alberta, suggest that some climate-mediated range expansion of grassland songbirds in Alberta is possible. For six of the eight species projected to experience expansions of suitable climate area in Alberta, this suitable climate partly overlaps the current distribution of suitable land cover. Additionally, for more than half of the species examined, most of the area of currently suitable climate was projected to remain suitable to the end of the century, highlighting the importance of Alberta for the long-term persistence of these species. Some northern prairie-endemic species exhibited substantial projected northward shifts of both the northern and southern edges of the area of suitable climate. Baird's Sparrow (Ammodramus bairdii) and Sprague's Pipit (Anthus spragueii), both at-risk grassland specialists, are predicted to have limited climate stability within their current ranges, and their expansion into new areas of suitable climate may be limited by the availability of suitable land cover. Our results highlight the importance of the preservation and restoration of remaining suitable grassland habitat within areas of projected climate stability and beyond current northern range limits for the long-term persistence of many grassland songbird species in the face of climate change.

The addition of planted grasslands (i.e., fields that have been planted with exotic grass and forb species) to the North American landscape has been beneficial for the conservation of many species, but not necessarily for species that show a preference for native grasslands. Under what conditions these planted fields are attractive to native grassland specialists is unclear. Sprague's Pipit (Anthus spragueii) is a native grassland specialist, but it breeds in planted grasslands in some parts of its range. We conducted a comparative study of territory and nest use by Sprague's Pipits in native pastures and planted hay fields from 2006 to 2008. In planted hay fields, territories were characterized by vegetation height of 25 cm and litter depth of

Loss and degradation of native grasslands on the North American landscape are some of the key factors influencing population declines of grassland songbirds. It is unclear what role anthropogenic grasslands play in the conservation of grassland specialists and whether demographic parameters of grassland songbirds differ between anthropogenic and native grasslands. Furthermore, there has been little research examining the overlap (or lack thereof) between nesting and post-fledging habitat. We initiated a radio-telemetry study from 2004 to 2008 on dispersal, microhabitat use, and survival of juvenile Sprague’s pipits ( Anthus spragueii ), a threatened grassland-obligate songbird, in native pastures and fields planted with exotic species (planted grasslands). Dispersal distance was greater in planted compared to native grasslands, but appeared to be constrained to natal fields up to 26-d post-fledging. Pipits used microhabitats in planted grasslands with vegetation that was on average 11 cm taller than used locations in native pastures, possibly due to the rapid growth of planted vegetation by the time individuals fledged. Individuals that were reared in planted grasslands had consistently lower daily survival rates compared to those in native pastures. Our observation that young birds rarely left their natal field suggests that conserving nesting habitat in native pastures would be an effective management strategy for this species. However, our results suggest that planted grasslands may act as population sinks given the lower survival of juvenile pipits reared in planted fields in our region. Demographic studies during the post-fledging period are essential to determine the conservation value of anthropogenic grasslands for North American songbirds.

The absence of a rigorous mechanism for prioritizing investment in endangered species management is a major implementation hurdle affecting recovery. Here, we present a method for prioritizing strategies for endangered species management based on the likelihood of achieving species' recovery goals per dollar invested. We demonstrate our approach for 15 species listed under Canada's Species at Risk Act that co-occur in Southwestern Saskatchewan. Without management, only two species have >50% probability of meeting recovery objectives; whereas, with management, 13 species exceed the >50% threshold with the implementation of just five complementary strategies at a cost of $126m over 20 years. The likelihood of meeting recovery objectives rarely exceeded 70% and two species failed to reach the >50% threshold. Our findings underscore the need to consider the cost, benefit, and feasibility of management strategies when developing recovery plans in order to prioritize implementation in a timely and cost-effective manner.

Fledgling birds are notoriously difficult to find and capture because of their cryptic behavior. As a result, researchers usually affix transmitters to nestlings to study aspects of post-fledging ecology. However, parents may attempt to remove nestling transmitters, which could negatively impact nestlings. We attached radio-transmitters to 95 Sprague’s Pipit (Anthus spragueii) nestlings using a modified Rappole and Tipton leg harness. Within 1–2 days after transmitter attachment, we recorded six cases of parents removing transmitters from nestlings and depositing the transmitters outside the nest. At one of these nests, we videotaped parents pecking and pulling at nestlings that had transmitters and also dragging a nestling out of the nest by the transmitter. Of 12 video-monitored nests where we attached transmitters to nestlings, 33% had cases of parents attempting to remove transmitters by pecking and pulling at nestlings. Our observations highlight the need to closely monitor nestlings with transmitters so that researchers have the opportunity to reattach transmitters should parents remove them and to monitor the health of nestlings. Video-monitoring nests could also help to identify any unseen, negative impacts on nestlings due to transmitter attachment.

Efforts to stabilize or increase grassland bird populations require identification of suitable habitat as a first step. Although the number of studies examining grassland-bird habitat selection has increased substantially in recent years, much uncertainty exists regarding local-scale habitat variables that researchers should consider. We reviewed 57 studies and identified important vegetation features correlated with grassland bird abundance, density, occurrence, and nest and territory selection. Our objectives were to 1) guide future studies of grassland-bird habitat use by providing a reduced set of relevant vegetation characteristics, 2) challenge researchers to critically think about what variables to consider, and 3) highlight the need to include consistent definitions of terms used to describe grassland bird habitat. We identified 9 variables that were important predictors of habitat use by grassland birds: coverage of bare ground (important in 50% of the instances where it was included), grass (34% of instances), dead vegetation (33% of instances), forbs (31% of instances), and litter (29% of instances), along with an index of vegetation density (39% of instances) and volume (39% of instances), litter depth (36% of instances), and vegetation height (41% of instances). Only 25% of studies provided information on effects sizes and measures of variance. Furthermore, definitions of measured habitat variables were not consistent among studies. We provide definitions of the 9 important variables and implore authors to report effect size and measures of variance. Standardization of terms and reporting of meaningful results will facilitate replication of wildlife research and enhance our ability to recognize general patterns that emerge from observational studies of habitat use.

At early breeding stages, male woodpeckers invest heavily in nest construction and defense, but parental contributions to brood defense among Picidae are not well known. We studied the Northern Flicker (Colaptes auratus) to determine whether sex, age, brood size, body size, or body condition influenced defense behavior. When presented with a model predator (red squirrel, Tamiasciurus hudsonicus) during the brood-rearing period, parents exhibited a range of behaviors, such as blocking the nest hole, diving at the model, and striking the model; however, defense scores did not differ between males and females aged 1, 2, or 3+ years old. Although we predicted that defense level would be positively correlated with brood size, we found no such relationship. Adult body size and condition also were not related to defense intensity. We conclude that the sexes may exhibit similar levels of defense because they have similar apparent annual survival rates and males are only slightly larger than females. If f...

After nest predation, breeding dispersal can be an effective strategy to avoid local nest predators. Furthermore, encounters with predators at a nest during the pre-laying stage may be used by parents to judge future risk, such that they may abandon a nest when a nest predator has been encountered. We studied whether the between- and within-year breeding dispersal of Northern Flickers Colaptes auratus was dependent upon the outcome of the previous nesting attempt. We also tested whether pairs presented with a model predator prior to egg-laying were more likely to abandon their nests than were pairs presented with a control model. Between years, males moved significantly further after having their nest depredated than did successful males, and females showed the same trend. However, these movements did not result in greater reproductive success. More pairs switched sites within years after having their nest depredated, but those that remained and those that moved had equal subsequent nest success. Stressful encounters with predators involving nest defence may trigger dispersal both between and within years, although reproductive benefits are unclear. The proportion of pairs abandoning nests did not differ between parents presented with control or predator models, suggesting that a single encounter with a predator is not a sufficient deterrent against continued use of a particular nest.

Although many forestry management strategies rely on population estimates of indicator species such as woodpeckers (Picidae), empirical estimates of demographic parameters within this taxon are few. We used program MARK to assess influences of age and sex on apparent survival of adult Northern Flickers (Colaptes auratus) from a six-year mark-recapture study. The top model suggested no differences in apparent survival between the sexes with an overall survival estimate of 0.43 (95% CI: 0.38–0.48). Other models suggested that recapture efficiency differed between the sexes (males: 0.87; females: 0.78), perhaps because males were more philopatric to nest sites. We suggest that high parental investment by male flickers relative to other taxa such as passerines may lead to relatively equal mortality rates between the sexes, rather than the common pattern of female-biased mortality. Survival rates relative to age were constant at least up to the age of three years. Overall, flickers appear to have lower survival than some other woodpecker species and may invest relatively heavily in current reproduction.

To date, most studies of nest site selection have failed to take into account more than one source of nest loss (or have combined all sources in one analysis) when examining nest site characteristics, leaving us with an incomplete understanding of the potential trade-offs that individuals may face when selecting a nest site. Our objectives were to determine whether northern flickers (Colaptes auratus) may experience a trade-off in nest site selection in response to mammalian nest predation and nest loss to a cavity nest competitor (European starling, Sturnus vulgaris). We also document within-season temporal patterns of these two sources of nest loss with the hypothesis that flickers may also be constrained in the timing of reproduction under both predatory and competitive influence. Mammalian predators frequently depredated flicker nests that were: lower to the ground, less concealed by vegetation around the cavity entrance and at the base of the nest tree, closer to coniferous forest edges and in forest clumps with a high percentage of conifer content. Proximity to coniferous edges or coniferous trees increased the probability of nest predation, but nests near conifers were less likely to be lost to starlings. Flickers may thus face a trade-off in nest site selection with respect to safety from predators or competitors. Models suggested that peaks of nest predation and nest loss to eviction occurred at the same time, although a competing model suggested that the peak of nest loss to starlings occurred 5 days earlier than the peak of mammalian predation. Differences in peaks of mammalian predation and loss to starlings may constrain any adjustment in clutch initiation date by flickers to avoid one source of nest loss.

Bouts of torpor are characterized by substantial reductions in body temperature and metabolic rate. Many birds in the order Caprimulgiformes use torpor; however, there is conflicting evidence whether or not Common Nighthawks (Chordeiles minor) have this ability. The purpose of our study was to examine whether free-ranging nighthawks enter torpor. Three out of eight birds that were monitored entered torpor on a total of four occasions. Our results suggest that torpor is not used as commonly as it is in other species of Caprimulgids providing incentive for further research to explain the ecological determinants of torpor use in Caprimulgids.

Statistics is one of the most important yet difficult subjects for many ecology and wildlife graduate students to learn. Insufficient knowledge about how to conduct quality science and the ongoing debate about the relative value of competing statistical ideologies contribute to uncertainties among graduate students regarding which statistical tests are most appropriate. Herein, we argue that increased education of the available statistical tests alone is unlikely to ameliorate the problem. Instead, we suggest that statistical uncertainties among graduate students are a secondary symptom of a larger problem. We believe the root cause lies in the lack of education on how to conduct science as an integrated process from hypothesis creation through statistical analysis. We argue that if students are taught to think about how each step of the process will affect all other steps, many statistical uncertainties will be avoided.

Food availability is an important limiting factor for avian reproduction. In altricial birds, food limitation is assumed to be more severe during the nestling stage than during laying or incubation, but this has yet to be adequately tested. Using food-supplementation experiments over a 5-year period, we determined the degree and timing of food limitation for burrowing owls (Athene cunicularia) breeding in Canada. Burrowing owls are an endangered species and food limitation during the nestling stage could influence reproductive performance of this species at the northern extent of their range. Supplemented pairs fledged on average 47% more owlets than unfed pairs, except during a year when natural food was not limiting (i.e., a prey irruption year). The difference in fledgling production resulted from high nestling mortality in unfed broods, with 96% of all nestling deaths being attributed to food shortage. Supplemental feeding during the nestling period also increased fledgling structural size. Pairs fed from the start of laying produced the same number of hatchlings as pairs that received no supplemental food before hatch. Furthermore, pairs supplemented from egg laying to fledging and pairs supplemented during the nestling period alone had the same patterns of nestling survival, equal numbers of fledglings, and similar fledgling mass and structural size. Our results provide empirical support for the hypothesis that the nestling period is the most food-limited phase of the breeding cycle. The experimental design we introduce here could be used with other altricial species to examine how the timing of food limitation differs among birds with a variety of life-history strategies. For burrowing owls, and other species with similar life histories, long-term, large-scale, and appropriately timed habitat management increasing prey abundance or availability is critical for conservation. Our results provide empirical support for the hypothesis that the nestling period is the most food-limited phase of the breeding cycle. For burrowing owls, and other species with similar life histories, long-term, large-scale, and appropriately timed habitat management increasing prey abundance or availability is critical for conservation.