The Endangered Species Act
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The Endangered Species Act is an attempt by Congress to create and implement a comprehensive program aimed at addressing the concern of the extinction of plant and wildlife species. The Act currently in force is a culmination of almost a century of wildlife management. However, within that time, the various entities that find themselves concerned with the issues of plant and wildlife management have often had differing interests. Consequently, the Act has served as an area of tension between competing interests since its inception and the controversial cases to which it has given rise and its numerous amendments attest to its continuing controversy. Nonetheless, it is likely these competing interests will always cohabit with some tension. Up to the early twentieth century, American wildlife was managed almost exclusively by state and territorial governments. However, the lack of any national policy meant wildlife populations were heavily exploited during the nineteenth century and the early wildlife groups such as the American Fisheries Society and the National Rifle Association tended to focus on wildlife for gaming purposes. When state agencies were finally established to manage wildlife, they also tended to focus their attention on game animals and fish due to their primary constituency of hunters and fishermen. Nonetheless, Steven Yaffee observes that, after developing early in the twenti
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sical or biological features both "essential to the conservation of the species and . . . requir[ing] special management considerations or protections." The Secretary was also directed, in making the determination of critical habitat, to consider the economic impacts of such designation. Critical habitat designation has become one of the most controversial features of the ESA; it is also the facet of the Act that comes closest to direct land use regulation. In 1982, Congress added a provision allowing the government to give private parties permission to take endangered species under certain conditions. Again, Congress made two major changes in the ESA in 1988. First, some protection was provided for species that were proposed but not yet finally listed. Second, the protection afforded endangered and threatened plants was further strengthened, although it still did not reach the protection afforded listed animals.
IV. The Leading Cases
Tennessee Valley Authority (TVA) v. Hill the Snail Darter Case, arose from a conflict between a federal agency's decision to build a dam and a citizen coalition seeking to save a fish. The coalition obtained a two-year injunction under the National Environmental Policy Act (NEPA). T
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Approximate Word count = 3252
Approximate Pages = 13 (250 words per page)
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