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Wildlife

The BPA Power-Salmon Crisis: A Way Out

The electricity crisis of 2001 produced more than rolling blackouts in California, skyrocketing prices throughout the West, and calls from the Bush Administration to open up the Arctic National Wildlife Refuge to oil and gas development...

Major Endangered Species Act Developments in 2000

Constitutionality of Endangered Species Act (ESA) Restrictions

Unlikely as it may seem, the constitutionality of certain of the ESA's core restrictions is still being questioned nearly three decades after its enactment....

Breathing New Life Into the ESA: The Pacific Northwest's Endangered Species Act Experiment in Devolution

The Endangered Species Act (ESA or Act)2 has been in Congress' gun sights for a number of years. The regulated community has decried the impossibility of balancing strong economic development with species...

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...

Mitigation Banking as an Endangered Species Conservation Tool

A recent headline on the front page of the Wall Street Journal hailed the opening of the nation's first "butterfly bank."1 The "deposits" in this unusual bank are conservation credits earned by...

Delisting Endangered Species: An Aspirational Goal, Not a Realistic Expectation

On March 11, 1967, the U.S. Fish and Wildlife Service (FWS) promulgated the first formal list of U.S. endangered species.1 Since then, the protection afforded listed species by federal law has increased...

The Annihilation of Sea Turtles: World Trade Organization Intransigence and U.S. Equivocation

In the case of United States-Import Prohibition of Certain Shrimp and Shrimp Products (US-Shrimp),1 the Appellate Body of the General Agreement on Tariffs and Trade's (GATT's) World Trade...

The Potential and the Pitfalls of Habitat Conservation Planning Under the Endangered Species Act

Editors' Summary: The ESA is simultaneously the most popular and most hated of environmental statutes. Conservationists fervently support the ESA's mission of preventing the extinction of our country's fish, wildlife, and plants,...

Essential Fish Habitat: A New Regulatory Hurdle for Development

Editors' Summary: By combining environmental assessment obligations parallel to those of NEPA with consultation requirements similar to those of the ESA, the essential fish habitat provisions set forth in the 1996 amendments to the...

The Endangered Species Act and Private Land: Four Lessons Learned from the Past Quarter Century

Editors' Summary: Twenty-five years ago, Congress enacted the ESA with the goal of conserving endangered and threatened species, as well as the ecosystems on which they depend. How successful the Act has been in achieving that goal...