I enjoyed a terrific panel discussion organized by Volunteer Lawyers for the Arts in New York Tuesday evening at Herrick, Feinstein LLP. Entitled "Saving Africa’s Elephants Changing the Art Scene," the panel addressed the ramifications of this year’s Director’s Order that banned the import of African Elephant ivory for any commercial use, and restricted even further non-commercial use.
The panelists were Frank Lord of Herrick, Feinstein LLP, who moderated; David Freudenthal, Director of Government Relations, Carnegie Hall; Craig Hoover, Chief, Wildlife Trade & Conversation Branch, US Fish and Wildlife Service; Lark Mason, President, iGavel; Michael McCullough, Partner, Pearlstein and McCullough; and Hartley Waltman, Senior Counsel, Art Business, Christie's.
Hoover began the discussion by addressing the policy behind the recent order. After two decades of population resurgence, elephant poaching has returned to record levels. His comments raise hard questions about how economics and law can, or can’t effect that kind of change, particularly so far away.
Michael McCullough, who is as knowledgeable about these issues as anyone I've encountered, talked about the problems that have followed the order’s enforcement and the proposed regulations under discussion. He was complimentary of Hoover and the Fish & Wildlife’s receptiveness to comments, but wondered if the comments shouldn’t have preceded the administrative action. He also discussed New York’s efforts to enact even more stringent laws, which raise serious preemption issues both because of the text of the Endangered Species Act, and the field preemption that those laws create.
The other speakers addressed the commercial side of the ban from their perspective.
It was an interesting evening. The Observer has some coverage here, too.
