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Endangered Species Act (ESA)

Revisiting the Delta Smelt: A Rebuttal to Weiland and Murphy

This Comment responds to a July Comment from Paul Weiland and Dennis Murphy that responded to a September 2020 Comment addressing the challenges of managing small and declining populations of California Delta smelt under the Endangered...

Six Priority Recommendations for Improving Conservation Under the ESA

Because of persistent legislative attacks on the Endangered Species Act (ESA), some conservationists have made a strategic choice not to propose substantial adjustments to it. But conservation recommendations are long overdue, and...

Revisiting Small Populations in Jeopardy: A Rejoinder to Börk et al.

This Comment responds to a comment by Karrigan Börk et al. published in the September issue that critiqued a biological opinion issued by the U.S. Fish and Wildlife Service (FWS) under §7(a)(2) of the Endangered Species Act (ESA) that...

Critical Habitat's “Private Land Problem”: Lessons From the Dusky Gopher Frog

The Endangered Species Act provides for the designation as “critical habitat” of habitat deemed “essential” for conservation of listed species. To understand the incentive effects of critical habitat designations, this Article examines...

Endangered Species at Sea: Applying the ESA to Maritime Jurisdictions

Although some species fall solely within the jurisdiction of one country, it is common for species to fall outside of one state’s exclusive control. The United States protects endangered species in its territory and in international...

Small Populations in Jeopardy: A Delta Smelt Case Study

Under §7 of the Endangered Species Act (ESA), federal agencies must ensure that actions they authorize, fund, or carry out are “not likely to jeopardize the continued existence of any endangered species or threatened species or result...

Defining Habitat to Promote Conservation Under the ESA

The U.S. Supreme Court’s opinion in Weyerhaeuser Co. v. U.S. Fish & Wildlife Service raises important questions about the scope of the Endangered Species Act’s (ESA’s) protections for critical habitat. Foremost among them...

Species Protection as a Natural Climate Solution

This Article, adapted from Chapter 16 of What Can Animal Law Learn From Environmental Law?, 2d Edition (ELI Press, forthcoming 2020), explores existing and potential wildlife conservation policies that could play a vital role in...

"Significant Portion of Its Range": Statutory Interpretation of the ESA

The Endangered Species Act defines an endangered species as one at risk of extinction “throughout all or a significant portion of its range.” The U.S. Department of the Interior (DOI) has repeatedly defined “significant portion” to mean...

Ongoing Actions, Ongoing Issues: Trying Again to Free Federal Dams From the ESA

Federal dams have been the focus of major disputes involving application of the Endangered Species Act (ESA), especially its §7 prohibitions on federal actions causing jeopardy to protected species. Operating agencies and project...

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