The Endangered Species Act of 1973 (ESA) provides a comprehensive approach to the complex problem of species extinction. The act was born in the heyday of American environmental legislation, a period in the 1960s and 1970s that saw the enactment of many major statutes passed. Even among these...
The Endangered Species Act of 1973 (ESA) provides a comprehensive approach to the complex problem of species extinction. The act was born in the heyday of American environmental legislation, a period in the 1960s and 1970s that saw the enactment of many major statutes passed. Even among these landmark environmental laws, the ESA stands out as perhaps the most stringent, most comprehensive, and most controversial. Its comprehensive approach has a significant impact on the management and use of public and private lands and waters, and the law has engendered much debate during its first 35 years. Endangered Species Act: Law, Policy and Perspectives
is an authoritative guide to the history of the ESA, the Act's most critical sections, the twists and turns of its implementation, and the cutting-edge issues facing the protection of endangered wildlife and its habitat.
This updated edition serves as a guide for both the novice and the more experienced practitioner to the ins and outs of the ESA. It begins with the building blocks of the ESA: the processes for listing species and designating critical habitat. Because the ESA's goal is to bring listed species to a point where they no longer need the Act's protection, the mechanism to guide this effort for each listed species is the recovery plan.
Subsequent chapters address key aspects of the application of the Endangered Species Act: the duty to consult and avoid jeopardy, and the Act's take prohibitions and its exemptions. The topics addressed in these chapters include:
- The jeopardy/critical habitats modification prohibition of Section 7(a)(2) and the required interagency consultation process
- The consultation requirements of section 7 involving qualifying tribes potentially affected by ESA-related determinations
- The requirements of the section 9 take provision and its compliance issues
Special prohibitions regarding threatened and endangered plants
- International trade restrictions and other international aspects of ESA implementation
- Citizen suits, one of the most far-reaching provisions adopted in any environmental law
- Exceptions to the take provision
- Land owner incentives for using the ESA's tools, including safe harbor agreements, Candidate Conservation Agreements with Assurances and conservation banking, and how these incentives are implemented and monitored
- The relationship between enforcement of the law's take provision and private property rights
- State endangered species acts
- Discussion of two evolving issues involving the ESA: nanotechnology and global warming
The final chapter considers the challenges of refocusing the ESA from the perspective of the regulated community. To make this a valuable practice resource, the book contains extensive and detailed end notes, a table of cases, and comprehensive index.