Principal Investigator: Stephanie Otts, University of Mississippi School of Law
Co-Principal Investigator: Jeanette Manning, National Association of Attorneys General; Read Porter, Environmental Law Institute
Years Funded: 2014-2015
Gaining access to private lands for the eradication of invasive species is challenging. The legal authorities ability to gain access to private land for aquatic invasive species (AIS) eradication and control without landowner consent vary by state and level of procedure required. This project aimed to create an inventory of analysis of state regulations, identify and engage key legal counsel, and convene a small working group to identify strategies for obtaining access to private lands and overcoming legal barriers for invasive species management.
An analysis of state regulations found that while five states in the region have legislation explicitly authorizing entry onto private land without consent to inspect or control noxious weeds, such legislation for AIS control and eradication is rare. A few states do authorize entry without consent in certain circumstances, such as if reasonable notice is provided or a warrant is obtained. The directory of key legal counsel is incomplete due to the minimal response rate. Without this complete directory, it was not feasible to convene a working group to identify and share strategies for gaining access to private lands for the eradication and control of AIS.
State Summaries of Aquatic Invasive Species Legislation
- District of Columbia
- New Jersey
- New York
- North Carolina
- West Virginia
Credit: U.S. EPA