Abstract

http://ssrn.com/abstract=1633707
 


 



Understanding 'Take' in the Endangered Species Act


Paul Boudreaux


Stetson University - College of Law

2002

Arizona State Law Journal, Vol. 34, p. 733, 2002)
Stetson University College of Law Research Paper

Abstract:     
The prohibition against “take” of endangered species would appear, at first blush, to be the most powerful protection of the federal Endangered Species Act. But the provision has not met its potential, the article argues, in part because its parameters remain fuzzy. This article examines the parameters of intent, directness, timing, proximate causation, and standard of proof. This examination reveals a prohibition that holds its greatest potential as a means of enjoining an impending harm to a species.

Number of Pages in PDF File: 42

Keywords: Take, Endangered Species, Endangered Species Act, Intent, Directness, Timing, Proximate Causation, Standard of Proof

JEL Classification: K10, K19, K32

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Date posted: July 2, 2010  

Suggested Citation

Boudreaux, Paul, Understanding 'Take' in the Endangered Species Act (2002). Arizona State Law Journal, Vol. 34, p. 733, 2002); Stetson University College of Law Research Paper . Available at SSRN: http://ssrn.com/abstract=1633707

Contact Information

Paul Boudreaux (Contact Author)
Stetson University - College of Law ( email )
1401 61st Street South
Gulfport, FL 33707
United States

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