The Science Charade in Species Conservation

39 Pages Posted: 6 Sep 2017

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: September 2, 2017

Abstract

Debates over implementation and enforcement of the Endangered Species Act (ESA) often focus on the use of science. The debate over the use of science under the ESA is part of the “science charade” that clouds substantive policy debate about species conservation. What typically divides competing interest groups is not a devotion to science, but sharply divergent policy preferences dressed up in scientific garb. The political debate over the use of science under the ESA tends to obscure the dividing line between science and policy and undermines the development of more effective and equitable conservation strategies. Further, efforts to reform the ESA by mandating additional scientific procedures or increasing judicial scrutiny of the use of science by federal agencies will do little to address the ESA’s underlying problems or make species conservation efforts more effective.

Keywords: Endangered species, Endangered species act, species conservation, science charade, sound science

JEL Classification: K32

Suggested Citation

Adler, Jonathan H., The Science Charade in Species Conservation (September 2, 2017). 24 Supreme Court Economic Review, (2017 Forthcoming); Case Legal Studies Research Paper No. 2017-18. Available at SSRN: https://ssrn.com/abstract=3031237

Jonathan H. Adler (Contact Author)

Case Western Reserve University School of Law ( email )

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

PERC - Property and Environment Research Center

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