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Prohibited acts, §9

When Aliens Invade: Regulating the Release of Exotic Species Through the "Takings Clause" of the Endangered Species Act

In May 2002, biologists made a surprising discovery—snakehead fish had proliferated in a small pond in Crofton, Maryland.1 Snakeheads are a native fish of China and Korea, capable of tolerating extreme...

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...

Judicial Application of the Endangered Species Act and the Implications for Takings of Protected Species and Private Property

It may seem curious to some that the survival of a relatively small number of three-inch fish among all the countless millions of species extant would require the permanent halting of a virtually completed dam for which Congress has...

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...

Babbitt v. Sweet Home Chapter of Communities for a Great Oregon: A Clarion Call for Property Rights Advocates

Editors' Summary: Property rights advocates implicitly complained in Babbitt v. Sweet Home Chapter of Communities for a Great Oregon that a Fish and Wildlife Service regulation that aimed to protect endangered and threatened species...