Rebuilding the Endangered Species Act: An Environmental Perspective

ENDANGERED SPECIES ACT: LAW, POLICY, AND PERSPECTIVES 461 (Don Baur & Ya-Wei Li eds. 2021)

34 Pages Posted: 9 Nov 2021 Last revised: 7 Dec 2022

See all articles by Brett Hartl

Brett Hartl

Center for Biological Diversity

Jessica Owley

University of Miami - School of Law

Date Written: June 1, 2021

Abstract

This chapter explores ways to strengthen the Endangered Species Act. Using the example of a freshwater mussel, we walk through various sections of the Act pointing out where the Act (or its implementation) fails species. The ESA—and the Services—can be great again. But right now, we are at great risk of losing the moral and political will—in the Services, in the Congress, and in the public sphere—to take bold action of restoring the wild places that support our most imperiled animals and plants. This chapter outlines steps to strengthen and improve the ESA to avoid additional extinctions and the threat of further biological annihilation. We recommend legislative amendments regarding distinct population segments, expanding protections for threatened species, creating a limited take prohibition for plants, and altering the Act’s funding mechanisms. We also recommend strengthening implementation of the Act with recommendations pointed at the Fish and Wildlife Service. We push the Service to support scientists and encourage ambitious conservation efforts. Improvements in enforcement and transparency are vital.

Suggested Citation

Hartl, Brett and Owley, Jessica, Rebuilding the Endangered Species Act: An Environmental Perspective (June 1, 2021). ENDANGERED SPECIES ACT: LAW, POLICY, AND PERSPECTIVES 461 (Don Baur & Ya-Wei Li eds. 2021), Available at SSRN: https://ssrn.com/abstract=3447849

Brett Hartl

Center for Biological Diversity ( email )

P.O. Box 710
Tucson, AZ 85702-0710
United States

Jessica Owley (Contact Author)

University of Miami - School of Law ( email )

P.O. Box 248087
Coral Gables, FL 33146
United States

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