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Endangered Species Act (ESA)

The Trump Administration’s Proposed ESA Regulations

The U.S. Department of the Interior and the National Oceanic and Atmospheric Administration recently proposed comprehensive changes in how the Endangered Species Act (ESA) is implemented. These address the species listing process,...

Hybridizing Law: A Policy for Hybridization Under the Endangered Species Act [Abstract]

With the new technologies, many species we are currently protecting could technically be unsuitable for protection based on a rigid interpretation of the ESA. A defined hybrid policy must be adopted, taking into consideration the twin...

Small Critter, Big Problem: Protecting the Pearl River Map Turtle in Mississippi

Mississippi has 47 animal species federally protected under the Endangered Species Act. That list includes all types of animals, from whales to mollusks, but it does not include the Pearl River map turtle (Graptemys pearlensis...

Assessing State Laws and Resources for Endangered Species Protection

This Comment provides a comprehensive analysis of state endangered species laws and state funding to implement the federal ESA. It suggests that increased coordination between the states and federal agencies regarding the protection and...

Judicial Review Endangered: Decisions Not to Exclude Areas From Critical Habitat Should Be Reviewable Under the APA

Under the ESA, areas that otherwise qualify as critical habitat “may” be excluded from a designation if the government determines that the benefits of exclusion would outweigh the benefits of inclusion, and if the exclusion would not...

Projecting the Future: Ninth Circuit Upholds ESA Listing for Bearded Seals

In Alaska Oil & Gas Ass’n v. Pritzker the Ninth Circuit upheld a rule listing two species of seals as “threatened” under the ESA based on climate change projections and associated habitat loss from reduction of sea ice. The...

Protecting Species or Hindering Energy Development? How the Endangered Species Act Impacts Energy Projects on Western Public Lands

Since it was enacted in 1973, the ESA has been one of the most celebrated environmental laws, but also one of the most reviled. Industry groups argue that the consultation process frequently delays and sometimes halts much needed energy...

The ESA Today: Eco-Pragmatism and State Conservation Efforts

In 2010, FWS found listing the greater sage-grouse under the ESA was “warranted but precluded” by other ESA priorities. In an effort to avoid future listing, one of the largest voluntary conservation efforts was undertaken by state and...

Climate Change in the Endangered Species Act: A Jurisprudential Enigma

When the ESA was drafted, no one could have foreseen climate change, much less thought seriously about how the ESA should address species loss on a warming earth. Climate change blows up the ESA’s operative mandate for federal agencies...

Overcriminalization and the Endangered Species Act: Mens Rea and Criminal Convictions for Take

The Endangered Species Act (ESA) makes it a crime to “knowingly” take any member of an endangered species. The government has generally interpreted this to require the defendant’s knowledge of each of the elements of the offense;...

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