Strategic Dodging of ESA Listing Determinations
American Bar Association, Natural Resources & Environment, Vol. 29, No. 3, Winter 2015
3 Pages Posted: 23 Apr 2015
Date Written: April 21, 2015
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
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