Commentary on Species Habitat and Constitutional Law

Posted: 18 Dec 2024

See all articles by James R. May

James R. May

Washburn University - Washburn University School of Law; Widener University Delaware Law School; Haub School of Law at Pace University

Date Written: January 12, 2005

Abstract

This paper outlines the influence of federal, state and international constitutional law on measures to protect species' habitat, with special focus on those taken under section 4 of the federal Endangered Species Act. For example, critical habitat designation engenders a host of constitutional questions, including whether it falls within Congress' authority under the Commerce, Property, General Welfare and Takings Clauses of the U.S. Constitution. It also involves an examination of the extent to which habitat designations are supportable or assailable under state constitutional law, as well as the constitutional law of nations.

Keywords: Endangered Species Act, Constitutional Law, Environmental Law

Suggested Citation

May, James, Commentary on Species Habitat and Constitutional Law (January 12, 2005). Available at SSRN: https://ssrn.com/abstract=5038101

James May (Contact Author)

Washburn University - Washburn University School of Law ( email )

1700 SW College Ave.
Topeka, KS 66621
United States

Widener University Delaware Law School ( email )

4601 Concord Pike
Wilmington, DE 19803-0406
United States

Haub School of Law at Pace University ( email )

78 N. Broadway
White Plains, NY 10603
United States

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