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Endangered Species Act

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Avanti Patel

on 19 December 2013

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Transcript of Endangered Species Act

Endangered Species Act
By: Austin Devera, Navjit Randhawa, Pawanjot Kaur, Avanti Patel
Native plant and animal species began to disappear -
Bald Eagle
Protect those species at risk of extinction
Protect each species respective critical habits
Recovery plans
ESA boosts wildlife-related tourism
Wildlife-related recreation generated more than $120 billion in revenues in 2006
Habitat Protection
Critical habitat for imperiled wildlife which in turn provides clean air and clean water.
Also protects natural resources
Health Advantages
protects plants and animals and may cure fatal diseases
crocodile blood:powerful antibiotic
desert pupfish:treatment for kidney
black bear: prevention of osteoporosis
How they can be improved?
Formal Institutions/Bureaucracies
TVA V. Hiram Hill (1978)
First interpretation of the ESA
Snail darter
Discovered by Dr David Etnier
Hiram Hill, law student, petitioned to list species in FWS
TVA petitioned FWS to de-list species
petitioned Supreme Court to listen
TVA argued:
Congress continued to appropriate funds for dam
Construction started before passing of ESA
Hill wins 3-6
Completion of dam would violate 7th section of ESA
No exceptions to endangering or destroying habitat of listed species
Congress amended the ESA
"God Committee":7 members
authority to exempt federal agencies from provisions in section 7

Increasing need of federal and state collaboration
Why the lack of participation?
Cooperative Federalism: Federal gov. mandates and states set it up
Partnership Federalism:
Federal government lets the state and local government decide the content of federal mandates

Lujan v. Defenders of Wildlife(1992)
A 1986 amendment to the act limited the ESA's scope to actions in the United States or on the high seas.
Issue: U.S. funding of developmental projects in Mahaweli and Aswan
The Defenders got mad
no limits on geography
protect species from injuries
The Court denied the Defenders
no injuries
National Association of Home Builders v. Defenders of Wildlife(2007)
CWA instructs EPA to turn over pollution permitting authority to a state if the state's proposal meets nine listed criteria
might violate 7th section of ESA
FWS: ESA had no authority
Defenders of Wildlife: ESA is authoritative
Circuit Court: took side of defenders
By a 5-4 vote the Court reversed the Ninth Circuit
ESA applies only in discretionary actions
EPA only needs to follow the nine criteria in CWA
Court Cases
Commercial industries
ex: Timber industry in Pacific Northwest
Northern Spotted Owl listed as endangered--> over million acres “protected” in Pacific Northwest --> timber industry suffers ---> no jobs for workers---> economic hardship in the area
Ultra conservative political interest groups

Pres. Bush “Its time to make people more important than owls.”
Only 10 / 2000 plant and animal species on the list have gone extinct since it was passed
The policy meets its original goal = successful
The ESA is the most successful environmental litigation ever passed in the USA
Environmental Protection Agency
Endangered Species Protection Program
Department of Agriculture, Defense, and Interior
Ensure any action taken does not interfere with the protection of endangered and threatened species
Defenders of Wildlife
Individual state Wildlife Action Plam
Petitioned River Herring to be listed as threatened
Misleading Title
Full transcript