Environmental Law articles from April 1994

Environmental Law archives from April 1994

Major issues in reauthorization of the Endangered Species Act. (Endangered Species Act at Twenty-One: Issues of Reauthorization)
April 1, 1994... I. Three Basic Components of the ESA A brief summary of the basic. building blocks of the Endangered Species Act (ESA)(1) is important in understanding the major issues that will be addressed in the coming reauthorization.(2) key element...

The Endangered Species Act: time for a new approach? (Endangered Species Act at Twenty-One: Issues of Reauthorization)
April 1, 1994... I. INTRODUCTION The enactment of the Endangered Species Act of 1973 (ESA),(1) according to the United States Supreme Court reflected "a conscious decision by Congress to give endangered species priority over the |primary missions' of...

The Endangered Species Act and "takings": a call for innovation within the terms of the Act. (Endangered Species Act at Twenty-One: Issues of Reauthorization)
April 1, 1994... I'd like to talk about the Endangered Species Act (ESA)(1) and the shape of the debate in advance of its reauthorization timetable. I have been up on Capitol Hill in the last several months pushing what I thought was a remarkably...

Where the wild things are: the Endangered Species Act and private property. (Endangered Species Act at Twenty-One: Issues of Reauthorization)
April 1, 1994... The future of the Endangered Species Act(1) (ESA) lately has come under intense scrutiny both within and outside the federal government. Probably the most intractable aspect of the debate is that perennial lightning rod: the property rights...

The Endangered Species Act: impact of section 9 on private landowners. (Endangered Species Act at Twenty-One: Issues of Reauthorization)
April 1, 1994... 1. INTRODUCTION Twenty years ago, Environmental Law published an article about "a new and nearly unheralded law for the protection of endangered species"(1) enacted on December 28, 1973-the Endangered Species Act (ESA).(2) The article...

Promoting recovery or hedging a bet against extinction: Austin, Texas's risky approach to ensuring endangered species' survival in the Texas Hill Country. (Endangered Species Act at Twenty-One: Issues of Reauthorization)
April 1, 1994... I. INTRODUCTION Congress enacted the Endangered Species Act(1) ("ESA" or the "Act" "to restore species that are so depleted in numbers that they are in danger of, or threatened with, extinction."(2) Recognizing that the threat of...

Natural communities conservation planning: California's new ecosystem approach to biodiversity. (Endangered Species Act at Twenty-One: Issues of Reauthorization)
April 1, 1994... There is an emerging consensus that current legal approaches to the preservation of species are insufficient to achieve their objectives. The most drastic of these approaches, embodied in the Endangered Species Act of 1973 (ESA),(1) has bogged...

There's something fishy going on here: a critique of the National Marine Fisheries Service's definition of species under the Endangered Species Act. (Endangered Species Act at Twenty-One: Issues of Reauthorization)
April 1, 1994... I. INTRODUCTION Even after all of the controversy and litigation spawned by the federal Endangered Species Act of 1973 (ESA),(1) it is ironic that over twenty years after its enactment agencies which administer the Act lack a clear...

The need for a smolt travel time objective in the Columbia River Basin fish and wildlife program to protect and restore the Northwest's imperiled salmon runs. (Endangered Species Act at Twenty-One: Issues of Reauthorization)
April 1, 1994... I. INTRODUCTION The Columbia River Basin once produced the greatest salmon runs on earth. The average annual run historically ranged between 10 and 16 million fish.(1) Salmon returning to the Columbia traveled upstream nearly one...

Natural resource restoration: the interface between the Endangered Species Act and CERCLA's natural resource damage provisions. (Endangered Species Act at Twenty-One: Issues of Reauthorization)
April 1, 1994... I. INTRODUCTION Protection of endangered species and the clean up of hazardous waste sites represent two of the past decade's most significant environmental issues. Both are hotly debated largely because associated costs can be high,...

The structure of standing requirements for citizen suits and the scope of congressional power. (Endangered Species Act at Twenty-One: Issues of Reauthorization)
April 1, 1994... 1. INTRODUCTION Congress has systematically included "citizen suit" enforcement provisions in environmental statutes over the course of the past two decades, thereby allowing private individuals and organizations to file civil actions...

What outrages me about the Endangered Species Act. (Endangered Species Act at Twenty-One: Issues of Reauthorization)
April 1, 1994... I. INTRODUCTION The administration of the Endangered Species Act (ESA)(1) exemplifies governmental arrogance and abuse and special interest influence that should not be tolerated. This abuse creates a situation where people's natural...

The Diversity of Life.
April 1, 1994... We meet, and need, leadership in many guises. Sometimes we crave statesmen or generals; but other moments require prophets. Jeremiah began his lamentations over the captivity of Jerusalem with a powerful image of emptiness: "How doth the city...