The Endangered Species Act

History, Implementation, Successes, and Controversies

Author: J. Peyton Doub

Publisher: CRC Press

ISBN: 146650739X

Category: Law

Page: 282

View: 2346

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The complex regulations of the Endangered Species Act established by the U.S. Fish and Wildlife Service can be challenging for environmental professionals who must comply with them or assist clients in compliance. This is true especially for those without a background in biology or ecology. The Endangered Species Act: History, Implementation, Successes, and Controversies discusses the Act using clear scientific prose that all professionals whose activities fit into the ESA compliance process can readily comprehend, including those with limited education in science. The book begins by exploring the deeply rooted history of the Endangered Species Act, which extends back decades preceding its enactment in 1973. It continues with a discussion of the basic scientific theory underlying the Act and provides an overview of its key regulations. The author also examines the Act in the context of other key environmental planning statutes such as the National Environmental Policy Act and the Clean Water Act, especially Section 404 of the Clean Water Act, which relates specifically to wetlands. The remainder of the book details the regulatory processes faced by other government agencies and private developers who must routinely ensure that their actions comply with the Endangered Species Act. It concludes with a broad discussion of current controversies associated with the Act and how those controversies might ultimately change how environmental practitioners will have to comply with the Act in the future. The book is neither a defense of the Endangered Species Act and its associated regulations nor a call to repeal or modify the Act or regulations. The presentation is factual and avoids the hype and hyperbole commonly directed at the Act by both environmental activists and deregulation proponents. Readers will gain a solid understanding of how the Act was established, what goals were envisioned by its framers, how current environmental practice under the Act has been shaped, and how those practices might be changed in the future.

The Endangered Species Act

History, Implementation, Successes, and Controversies

Author: J. Peyton Doub

Publisher: CRC Press

ISBN: 1466507373

Category: Law

Page: 282

View: 874

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The complex regulations of the Endangered Species Act established by the U.S. Fish and Wildlife Service can be challenging for environmental professionals who must comply with them or assist clients in compliance. This is true especially for those without a background in biology or ecology. The Endangered Species Act: History, Implementation, Successes, and Controversies discusses the Act using clear scientific prose that all professionals whose activities fit into the ESA compliance process can readily comprehend, including those with limited education in science. The book begins by exploring the deeply rooted history of the Endangered Species Act, which extends back decades preceding its enactment in 1973. It continues with a discussion of the basic scientific theory underlying the Act and provides an overview of its key regulations. The author also examines the Act in the context of other key environmental planning statutes such as the National Environmental Policy Act and the Clean Water Act, especially Section 404 of the Clean Water Act, which relates specifically to wetlands. The remainder of the book details the regulatory processes faced by other government agencies and private developers who must routinely ensure that their actions comply with the Endangered Species Act. It concludes with a broad discussion of current controversies associated with the Act and how those controversies might ultimately change how environmental practitioners will have to comply with the Act in the future. The book is neither a defense of the Endangered Species Act and its associated regulations nor a call to repeal or modify the Act or regulations. The presentation is factual and avoids the hype and hyperbole commonly directed at the Act by both environmental activists and deregulation proponents. Readers will gain a solid understanding of how the Act was established, what goals were envisioned by its framers, how current environmental practice under the Act has been shaped, and how those practices might be changed in the future.

Science and the Endangered Species Act

Author: Committee on Scientific Issues in the Endangered Species Act,Board on Environmental Studies and Toxicology,Commission on Life Sciences,National Research Council

Publisher: National Academies Press

ISBN: 0309052912

Category: Science

Page: 288

View: 5734

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The Endangered Species Act (ESA) is a far-reaching law that has sparked intense controversies over the use of public lands, the rights of property owners, and economic versus environmental benefits. In this volume a distinguished committee focuses on the science underlying the ESA and offers recommendations for making the act more effective. The committee provides an overview of what scientists know about extinction--and what this understanding means to implementation of the ESA. Habitat--its destruction, conservation, and fundamental importance to the ESA--is explored in detail. The book analyzes Concepts of species--how the term "species" arose and how it has been interpreted for purposes of the ESA. Conflicts between species when individual species are identified for protection, including several case studies. Assessment of extinction risk and decisions under the ESA--how these decisions can be made more effectively. The book concludes with a look beyond the Endangered Species Act and suggests additional means of biological conservation and ways to reduce conflicts. It will be useful to policymakers, regulators, scientists, natural-resource managers, industry and environmental organizations, and those interested in biological conservation.

The Endangered Species Act

Author: Stanford Environmental Law Society

Publisher: LIT Verlag Münster

ISBN: 9780804738439

Category: Law

Page: 296

View: 7422

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This handbook is a guide to the federal Endangered Species Act, the primary U.S. law aimed at protecting species of animals and plants from human threats to their survival. It is intended for lawyers, government agency employees, students, community activists, businesspeople, and any citizen who wants to understand the Act?its history, provisions, accomplishments, and failures.

Rebuilding the Ark

New Perspectives on Endangered Species Act Reform

Author: Jonathan Adler

Publisher: AEI Press

ISBN: 0844743933

Category: Political Science

Page: 260

View: 3166

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The Endangered Species Act (ESA) may be the most powerful environmental law in the United States. Enacted in 1973, the ESA prohibits any actions that may cause harm to endangered plants and animals or the ecosystems upon which they depend. But although more than 1,200 species are protected under the Act, most remain in peril. The ESA may have saved some species from the brink of extinction, but there is little evidence it is working as intended to recover endangered and threatened species. In some cases, the Act's extensive regulatory requirements may actually discourage conservation efforts. In Rebuilding the Ark: New Perspectives on Endangered Species Act Reform, Jonathan H. Adler leads a group of environmental law experts in evaluating the ESA's successes and failures and exploring multiple avenues for reform. The authors examine methods for incentivizing conservation on private land and water, for revising and standardizing the ESA's regulatory framework, and for increasing transparency, accountability, and public participation in the Fish and Wildlife Service and other conservation agencies. Rebuilding the Ark also considers how the Act should be reformed to address the threat of climate change, and how ESA reform in the United States may affect species conservation overseas. The Endangered Species Act has not been altered for over twenty-five years. Debates over ESA reform are often contentious and hampered by partisan infighting and pressure from interest groups. But reform is crucial if we are to achieve the ESA's ambitious goals and conserve the world's endangered plants and animals. Rebuilding the Ark is a valuable resource for policymakers, conservationists, business owners, and concerned citizens alike.

Prohibitive Policy

Implementing the Federal Endangered Species Act

Author: Steven Lewis Yaffee

Publisher: Mit Press

ISBN: N.A

Category: Political Science

Page: 239

View: 3964

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In this book, Steven Yaffee examines the Endangered Species Act as an example of prohibitive policy, an extreme form of government regulation that has been used increasingly in recent years, especially in the environmental area.

The Endangered Species Act

Law, Policy, and Perspectives

Author: Donald C. Baur,William Robert Irvin

Publisher: American Bar Association

ISBN: 9781570738678

Category: Endangered species

Page: 582

View: 1828

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This text describes ESA legal controversies and emerging case law, proposed agency reforms and the competing perspectives of interest groups.

Proactive Strategies for Protecting Species

Pre-Listing Conservation and the Endangered Species Act

Author: C. Josh Donlan

Publisher: Univ of California Press

ISBN: 0520960491

Category: Nature

Page: 288

View: 3982

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Now forty years old, the Endangered Species Act (ESA) remains a landmark act in conservation and one of the world’s most comprehensive laws designed to prevent species extinctions and support recovery efforts for imperiled species. A controversial law and often subject to political attack, the ESA is successful overall but not without difficulties. Those who enforce the ESA, for example, struggle to achieve viable recovery goals for many species. At the forefront of challenges is a reactive framework that sometimes leads to perverse incentives and legal battles that strain support and resources. Further, few species have been delisted. Proactive Strategies for Protecting Species explores the perspectives, opportunities, and challenges around designing and implementing pre-listing programs and approaches to species conservation. This volume brings together conservation biologists, economists, private and government stakeholders, and others to create a legal, scientific, sociological, financial, and technological foundation for designing solutions that incentivize conservation action for hundreds of at-risk species—prior to their potential listing under the ESA. This forward-thinking, innovative volume provides a roadmap for designing species conservation programs on the ground so they are effective and take place upstream of regulation, which will contribute to a reduction in lawsuits and other expenses that arise after a species is listed. Proactive Strategies for Species Protection is a guidebook for anyone anywhere interested in designing programs that incentivize environmental stewardship and species conservation.

Preparing NEPA Environmental Assessments

A User’s Guide to Best Professional Practices

Author: Charles Eccleston,J. Peyton Doub

Publisher: CRC Press

ISBN: 1439808821

Category: Law

Page: 316

View: 9417

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Although upwards of 50,000 environmental assessments (EAs) are prepared annually—compared to some 500 environmental impact statements (EISs)—the focus of U.S. National Environmental Policy Act (NEPA) regulations is on defining requirements for preparing EISs. Written by Charles Eccleston and J. Peyton Doub, who have established themselves among the top environmental experts in the world, Preparing NEPA Environmental Assessments: A User’s Guide to Best Professional Practices fills the need for an authoritative and comprehensive guide on how to prepare EAs. Bridging the regulatory gap, this book identifies relevant EIS regulatory requirements that can be logically interpreted to also apply to EAs. It compiles and synthesizes information scattered throughout NEPA’s regulations, executive orders, and guidance documents, and incorporates case law to provide additional clarification. The authors also draw on the professional experiences and best professional practices (BPP) of NEPA practitioners. From the fundamentals to more advanced topics, the book presents a consistent methodology to help beginners, students, and professionals manage, analyze, and write legally sufficient EAs. It addresses dilemmas that have traditionally plagued preparation of EAs, provides BPPs, tools, and approaches for resolving problems, and introduces methods for streamlining the EA process. Building on Eccleston’s previous guide to EAs, Effective Environmental Assessments: How to Manage and Prepare NEPA Assessments (2001), this book reflects the rapid changes in government policy over the past ten years. An indispensable source of practical information, it provides readers with step-by-step direction and best practices for preparing defensible EAs.

Implementing the Endangered Species Act on the Platte Basin Water Commons

Author: David M. Freeman

Publisher: University Press of Colorado

ISBN: 1457109670

Category: Political Science

Page: 528

View: 9587

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Water users of the Platte River Basin have long struggled to share this scarce commodity in the arid high plains, ultimately organizing collectively owned and managed water systems, allocating water along extensive stream systems, and integrating newer groundwater with existing surface-water uses. In 1973, the Endangered Species Act brought a new challenge: incorporating the habitat needs of four species-the whooping crane, piping plover, least tern, and pallid sturgeon-into its water-management agenda. Implementing the Endangered Species Act on the Platte Basin Water Commons tells of the negotiations among the U.S. Department of the Interior, the environmental community, and the states of Wyoming, Colorado, and Nebraska that took place from the mid-1970s to 2006. Ambitious talks among rival water users, environmentalists, state authorities, and the Department of the Interior finally resulted in the Platte River Habitat Recovery Program. Documenting how organizational interests found remedies within the conditions set by the Endangered Species Act, describing how these interests addressed habitat restoration, and advancing sociological propositions under which water providers transcended self-interest and produced an agreement benefiting the environment, this book details the messy process that took place over more than thirty years. Presenting important implications for the future of water management in arid and semi-arid environments, this book will be of interest to anyone involved in water management, as well as academics interested in the social organization of common property.

Effective Environmental Assessments

How to Manage and Prepare NEPA EAs

Author: Charles Eccleston,J. Peyton Doub

Publisher: CRC Press

ISBN: 1420032437

Category: Law

Page: 488

View: 2786

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Although upwards of 50,000 Environmental Assessments (EA) are prepared annually, the focus of the National Environmental Policy Acts (NEPA) Regulations is clearly on defining requirements for preparing environmental impact statements. Surprisingly, until now, there has been no authoritative and comprehensive guide on how to prepare Environmental Assessments (EAs). Effective Environmental Assessments: How to Manage and Prepare NEPA EAs fills that gap. Authored by one of the nations leading experts, and recipient of the President's Award for Outstanding Performance by the National Association of Environmental Professionals, the book provides you with de facto direction and best professionals standards for preparing publicly defensible EAs. The result is an indispensable source of practical information. No other book available come close to providing the wealth of information provided in Effective Environmental Assessments: How to Manage and Prepare NEPA EAs.

Habitat Conservation Planning

Endangered Species and Urban Growth

Author: Timothy Beatley

Publisher: University of Texas Press

ISBN: 0292756070

Category: Nature

Page: 246

View: 9002

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As environmental awareness grows around the world, people are learning that a diversity of species and the habitat to support them is necessary to maintain the ecological health of the earth. At the same time, however, the pressure to develop wildlife habitat for human settlement and economic gain also grows, causing frequent clashes between the forces of development and of conservation. This pioneering study focuses on a new tool for resolving the land-use conflict—the creation of habitat conservation plans (HCPs). Timothy Beatley explores the development and early results of this provision of the United States' federal Endangered Species Act, which allows development of some habitat and a certain "take" of a protected species in return for the conservation of sufficient habitat to ensure its survival and long-term recovery. Beatley looks specifically at nine HCPs in California, Nevada, Texas, and Florida, states where biological diversity and increasing populations have triggered many conflicts. Some of the HCPs include the San Bruno Mountain HCP near San Francisco, the North Key Largo HCP in the Florida Keys, the Clark County HCP near Las Vegas, Nevada, and the Balcones Canyonlands HCP near Austin, Texas. This first comprehensive overview of habitat conservation planning in the United States will be important reading for everyone involved in land-use debates.

Noah's Choice

The Future of Endangered Species

Author: Charles C. Mann

Publisher: Alfred a Knopf Incorporated

ISBN: N.A

Category: Science

Page: 302

View: 3552

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Examines the controversy over the Endangered Species Act and calls for a new set of principles to serve as a guideline for choosing which endangered species to save

Animal Rights and Welfare: A Documentary and Reference Guide

A Documentary and Reference Guide

Author: Lawrence W. Baker

Publisher: ABC-CLIO

ISBN: 1610699432

Category: Nature

Page: 351

View: 3246

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Through the use of primary source documents, readers can learn about key opinions and legislation in the important field of animal rights and welfare—a current and highly relevant topic. • Provides extensive coverage of a variety of topics, ranging from historic events and information to the latest developments in the field of animal rights and welfare • Presents an impartial, balanced representation of various political/moral perspectives on the issues in animals rights and welfare • Offers primary source material—such as the Wild Horse Annie Act of 1959—that enables readers to review the exact text of important legislation • Gives readers the resources to draw their own informed conclusions by providing opposing perspectives on often-polarizing animal rights and welfare issues, such as the morality of using animals for industrial and medical research, restoring wolves to former hunting grounds, and keeping highly intelligent dolphins and Orcas in captivity • Includes supplemental material that provides additional context

Resolving Human-Wildlife Conflicts

The Science of Wildlife Damage Management

Author: Michael R. Conover

Publisher: CRC Press

ISBN: 1420032585

Category: Science

Page: 440

View: 5479

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As more and more people crowd onto less and less land, incidences of human-wildlife conflicts will only increase. A comprehensive overview of this emerging field, Resolving Human-Wildlife Conflicts: The Science of Wildlife Damage Management discusses the issues facing wildlife managers and anyone else dealing with interactions between wildlife and humans. By defining the discipline of wildlife damage management, this book fills a void in the fields of wildlife management and ecology. The director of the Jack H. Berryman Institute, the only academic institute devoted to wildlife damage management, author Michael Conover is the leader in this field. In this book, he stresses the inter-relatedness of wildlife damage management within the larger discipline of wildlife conservation and provides an extensive review of the scientific literature. He includes case-studies that document how an integrated approach to wildlife management can resolve wildlife-human conflicts. Nowhere else will you find the authoritative coverage and depth of theoretical information available in Resolving Human-Wildlife Conflicts: The Science of Wildlife Damage Management. The combination of descriptive prose, historical details, and liberal use of informative sidebars add to its appeal as a textbook, while the organization and scope make it the ideal reference for professionals.

Endangered Species: A Documentary and Reference Guide

A Documentary and Reference Guide

Author: Edward P. Weber

Publisher: ABC-CLIO

ISBN: 1440836574

Category: Nature

Page: 370

View: 1101

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This book uses primary documents as a lens through which to examine historical and present-day efforts to protect endangered species in the United States and around the world. • Analyzes the connections between human behavior, industrialization, modernization, and public policy, and examines the impact of these factors on various species • Integrates a breadth of topics including economics, history, philosophy, sociology, and politics and policymaking • Explores historic events and major points of contention in species protection efforts • Suggests possible policy approaches and reforms that can make existing policies more effective in tackling the challenges of stemming species decline

Frayed safety nets

conservation planning under the Endangered Species Act

Author: Laura C. Hood,Defenders of Wildlife

Publisher: N.A

ISBN: N.A

Category: Nature

Page: 115

View: 2884

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The Future of Life

Author: Edward O. Wilson

Publisher: Vintage

ISBN: 0679768114

Category: Nature

Page: 229

View: 1905

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Calls for decisive action to save Earth's endangered biological heritage, profiling threatened animals and plants and offering a program based on economic, ethical, and religious ideals for preserving our biosphere.

Listed

Author: Joe Roman

Publisher: Harvard University Press

ISBN: 0674061276

Category: Nature

Page: 360

View: 8012

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Main description: The first listed species to make headlines after the Endangered Species Act was passed in 1973 was the snail darter, a three-inch fish that stood in the way of a massive dam on the Little Tennessee River. When the Supreme Court sided with the darter, Congress changed the rules. The dam was built, the river stopped flowing, and the snail darter went extinct on the Little Tennessee, though it survived in other waterways. A young Al Gore voted for the dam; freshman congressman Newt Gingrich voted for the fish.A lot has changed since the 1970s, and Joe Roman helps us understand why we should all be happy that this sweeping law is alive and well today. More than a general history of endangered species protection, Listed is a tale of threatened species in the wild-from the whooping crane and North Atlantic right whale to the purple bankclimber, a freshwater mussel tangled up in a water war with Atlanta-and the people working to save them.Employing methods from the new field of ecological economics, Roman challenges the widely held belief that protecting biodiversity is too costly. And with engaging directness, he explains how preserving biodiversity can help economies and communities thrive. Above all, he shows why the extinction of species matters to us personally-to our health and safety, our prosperity, and our joy in nature.

Regulatory Politics in an Age of Polarization and Drift

Beyond Deregulation

Author: Marc Allen Eisner

Publisher: Taylor & Francis

ISBN: 1317293290

Category: Political Science

Page: 292

View: 7898

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Regulatory change is typically understood as a response to significant crises like the Great Depression, or salient events that focus public attention, like Earth Day 1970. Without discounting the importance of these kinds of events, change often assumes more gradual and less visible forms. But how do we ‘see’ change, and what institutions and processes are behind it? In this book, author Marc Eisner brings these questions to bear on the analysis of regulatory change, walking the reader through a clear-eyed and careful examination of: the dynamics of regulatory change since the 1970s social regulation and institutional design forms of gradual change – including conversion, layering, and drift gridlock, polarization, and the privatization of regulation financial collapse and the anatomy of regulatory failure Demonstrating that transparency and accountability – the hallmarks of public regulation – are increasingly absent, and that deregulation was but one factor in our most recent significant financial collapse, the Great Recession, this book urges readers to look beyond deregulation and consider the broader political implications for our current system of voluntary participation in regulatory programs and the proliferation of public-private partnerships. This book provides an accessible introduction to the complex topic of regulatory politics, ideal for upper-level and graduate courses on regulation, government and business, bureaucratic politics, and public policy.