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Enforcement and penalties, §11

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;...

Monetary Rewards for Wildlife Whistleblowers: A Game-Changer in Wildlife Trafficking Detection and Deterrence

Despite the enactment of scores of wildlife protection laws, illegal activities are difficult to detect under current enforcement policies. Both the Lacey Act and the Endangered Species Act include language providing monetary incentives...

Protecting Our Environment in a Virtual Age: How Wildlife Webcams Could Strengthen Enforcement of the Endangered Species Act

With the introduction of wildlife webcams, anyone with an Internet connection can view real-time, live video feed capturing a variety of species, including endangered species, in their natural habitats from a remote location. The U.S....

Cross-Examining Market Approaches to Protecting Endangered Species

If a value system is simply presupposed and obeyed as the given structure of the world that all are made to accept and serve, it can become systematically destructive without our knowing there is a moral choice involved.1...

Sweet Home and the Narrowing of Wildlife "Take" Under Section 9 of the Endangered Species Act

Editors' Summary: The Supreme Court's recent Sweet Home decision validated the U.S. Fish and Wildlife Service's regulation defining "harm" under the ESA to include habitat modification. The decision leaves private landowners facing...

Lujan v. Defenders of Wildlife: The Supreme Court's Slash and Burn Approach to Environmental Standing

Editors' Summary: Lujan v. Defenders of Wildlife (Defenders), the Supreme Court's June 1992, decision limiting environmentalists' standing to challenge agency programs, envisions judges' roles in environmental law...