Understanding 'Take' in the Endangered Species Act

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

Accepted Paper Series