Endangered Species Act: Law, Policy, and Perspectives

This book is an authoritative guide to the history of the ESA, the Act's most critical sections, the twists and turns of its implementation, and the cutting-edge issues facing the protection of endangered wildlife and its habitat.

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ISBN: 9781641057011
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Even among the other landmark environmental laws passed in the heyday of American environmental legislation, the ESA stands out as perhaps the most stringent, most comprehensive, and most controversial. Its comprehensive approach has a significant impact on the management and use of public and private lands and waters. As the ESA approaches its 50th anniversary, it remains a lightning rod for litigation, and the source of ongoing legal debate and competing interpretations.

Now in its third edition, Endangered Species Act: Law, Policy and Perspectives is an authoritative guide to the history of the ESA, the Act's most critical sections, the twists and turns of its implementation, and the cutting-edge issues facing the protection of endangered wildlife and its habitat.

This updated edition serves as a guide for both the novice and the more experienced practitioner to the ins and outs of the ESA. It begins with the building blocks of the ESA: the processes for listing species and designating critical habitat. Because the goal of the ESA is to bring listed species to a point where they no longer need the Act's protection, the mechanism to guide this effort for each listed species is the recovery plan.

Subsequent chapters address key aspects of the application of the ESA: the duty to consult and avoid jeopardy, and the Act's take prohibitions and its exemptions. Topics addressed include:

  • The listing process and interpretation of the listing requirements
  • Critical habitat designation
  • Recovery plans
  • Interagency consultation and conservation duties under Section 7
  • The Section 9 prohibition
  • Habitat conservation plans
  • Landowner incentives
  • Citizen suits
  • Protections for listed plants
  • International trade restrictions and other international aspects of ESA implementation
  • State Endangered Species Acts
  • Captive wildlife
  • Navigating the science-policy interface
  • Resource implications on ESA implementation
  • Constitutional takings and the ESA, and more

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