The Leaky Ark: The Failure of Endangered Species Regulation on Private Land

Case Legal Studies Research Working Paper 09-34

REBUILDING THE ARK: NEW PERSPECTIVES ON ENDANGERED SPECIES ACT REFORM, Jonathan H. Adler ed., AEI Press, 2010

31 Pages Posted: 30 Dec 2009

See all articles by Jonathan H. Adler

Jonathan H. Adler

Case Western Reserve University School of Law; PERC - Property and Environment Research Center

Date Written: December 28, 2009

Abstract

The Endangered Species Act has been a source conflict and controversy ever since its enactment in 1973. A persistent source of controversy has been the Act’s treatment of private land. While the law imposes significant costs on private landowners, there is little evidence the ESA has done much to conserve endangered and threatened species on private lands, and increasing evidence the Act may discourage private land conservation. The regulatory structure of the Act also appears to place pressure on the collection of species-related information and decisions whether to list species. If the ESA is to succeed at conserving and recovering endangered and threatened species, substantial reforms are necessary. Such reforms should include a greater reliance upon non-regulatory and non-punitive conservation measures, compensation for landowners burdened by habitat controls, greater insulation of listing decisions from political and economic pressure, and greater funding for species conservation efforts.

Keywords: Endangered Species Act (ESA), Wildlife Conservation, Habitat Conservation, Endangered Species, Species Conservation, Environmental Law

JEL Classification: K32

Suggested Citation

Adler, Jonathan H., The Leaky Ark: The Failure of Endangered Species Regulation on Private Land (December 28, 2009). REBUILDING THE ARK: NEW PERSPECTIVES ON ENDANGERED SPECIES ACT REFORM, Jonathan H. Adler ed., AEI Press, 2010. Available at SSRN: https://ssrn.com/abstract=1529031

Jonathan H. Adler (Contact Author)

Case Western Reserve University School of Law ( email )

11075 East Boulevard
Cleveland, OH 44106-7148
United States
216-368-2535 (Phone)
216-368-2086 (Fax)

HOME PAGE: http://www.jhadler.net

PERC - Property and Environment Research Center

2048 Analysis Drive
Suite A
Bozeman, MT 59718
United States

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