Strategic Dodging of ESA Listing Determinations

American Bar Association, Natural Resources & Environment, Vol. 29, No. 3, Winter 2015

Seattle University School of Law Research Paper No. 15-11

3 Pages Posted: 23 Apr 2015  

Madeline Kass

Seattle University School of Law

Date Written: April 21, 2015

Abstract

Endangered Species Act (ESA) listing determinations create a focal point for controversy and litigation. A decision to list can elicit the full force of the ESA’s “pit bull” regulatory authorities and, potentially, result in onerous regulatory constraints on land uses. A decision not to list can continue the status quo and, potentially, result in species extinction. Increasingly, efforts to avoid ESA protective measures include anticipatory efforts to avert, divert, or postpone listing determinations. This article describes some of these “dodging” efforts and whether they are likely to benefit at-risk species.

Keywords: Endangered Species Act, Endangered Species, listing, listing determination, candidate species, greater sage-grouse, sand dune lizard, fish and wildlife service

Suggested Citation

Kass, Madeline, Strategic Dodging of ESA Listing Determinations (April 21, 2015). American Bar Association, Natural Resources & Environment, Vol. 29, No. 3, Winter 2015; Seattle University School of Law Research Paper No. 15-11. Available at SSRN: https://ssrn.com/abstract=2597225

Madeline Kass (Contact Author)

Seattle University School of Law ( email )

901 12th Avenue, Sullivan Hall
P.O. Box 222000
Seattle, WA n/a 98122-1090
United States

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