This Comment illustrates, through a case study of the Delta smelt BiOp, the difficulties in making ESA jeopardy determinations for species on the brink of extinction. We conclude that the myriad challenges inherent in conservation of some small and declining populations make reasoned §7 analysis difficult, bordering on impossible.
Karrigan Börk is an Acting Professor of Law at the UC Davis School of Law and an Associate Director at the UC Davis Center for Watershed Sciences. Peter Moyle is a Distinguished Professor, Emeritus, in the UC Davis Department of Wildlife, Fish, and Conservation Biology and an Associate Director at the UC Davis Center for Watershed Sciences. John Durand is a Professional Research Scientist at the UC Davis Center for Watershed Sciences. Tien-Chieh Hung is an Assistant Adjunct Professor of UC Davis Department of Biological and Agricultural Engineering. Andrew L. Rypel is an Associate Professor and the Peter B. Moyle and California Trout Endowed Chair, UC Davis Department of Wildlife, Fish, and Conservation Biology and Acting Director at the UC Davis Center for Watershed Sciences.
