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Understanding 'Take' in the Endangered Species Act

Arizona State Law Journal, Vol. 34, p. 733, 2002)

Stetson University College of Law Research Paper

42 Pages Posted: 2 Jul 2010  

Paul Boudreaux

Stetson University - College of Law

Date Written: 2002

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.

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

JEL Classification: K10, K19, K32

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: https://ssrn.com/abstract=1633707

Paul Boudreaux (Contact Author)

Stetson University - College of Law ( email )

1401 61st Street South
Gulfport, FL 33707
United States

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