Agriculture and the Endangered Species Act

Food, Agriculture, and Environmental Law, Forthcoming

Posted: 22 Nov 2013

See all articles by William S. Eubanks

William S. Eubanks

Eubanks & Associates, PLLC; Vermont Law School

Date Written: May 28, 2013


This textbook chapter comes in Part III off the groundbreaking Food, Agriculture, and Environmental Law, in which leading environmental legal scholars Mary Jane Angelo, Jason Czarnezki, and Bill Eubanks, along with five distinguished contributing authors, undertake an exploration of the challenging political and societal issues facing agricultural policy and modern food systems through the lens of environmental protection laws. It is the first book to examine both the impact of agricultural policy on the environment and the influence of environmental law on food and agriculture.

The focus of this chapter is a thorough examination of the Endangered Species Act as it applies to all facets of farming and food production, from planting a crop seed, to applying pesticides and fertilizers, to irrigating and delivering water for agricultural use. The chapter analyzes the leading case law on these topics to provide concrete examples of how litigation in this realm may arise, and also explains current legal gaps that are likely to be addressed by courts in the near future.

The copyright is held by the Environmental Law Institute/Thomson Reuters.

Keywords: Endangered Species Act, ESA, biodiversity, pesticides, fertilizers, genetically engineered crops, irrigation, water delivery, species loss, extinction

Suggested Citation

Eubanks, William S., Agriculture and the Endangered Species Act (May 28, 2013). Food, Agriculture, and Environmental Law, Forthcoming, Available at SSRN:

William S. Eubanks (Contact Author)

Eubanks & Associates, PLLC ( email )

1629 K Street NW
Suite 300
Washington, DC 20006
United States

Vermont Law School

South Royalton, VT 05068
United States

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