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Now showing items 11-18 of 18
Regional Habitat Conservation Planning Under the Endangered Species Act: Pushing the Legal and Practical Limits of Species Protection
(Southwestern Law Journal, 1991)
To many, the ESA is the epitome of an anti-growth agenda, seemingly used as a pretext for stopping development rather than for the ostensible purpose of species protection. To its staunch supporters, however, the ESA ...
Is the Endangered Species Act Ecopragmatic?
(Minnesota Law Review, 2003)
The Article evaluates the Endangered Species Act using Dan Farber's theory of eco-pragmatism. Eco-pragmatism employs environmental baselines, a moderated precautionary principle, and adaptive management to mediate environmental ...
Endangered Species Act Innovations in the Post-Babbittonian Era--Are There Any?
(Duke Environmental Law & Policy Forum, 2004)
One of the mysteries of environmental policy in the Bush Administration will be how and why it squandered an opportunity to continue market-based administrative reforms of the Endangered Species Act begun, ironically, in ...
Keeping the Endangered Species Act Relevant
(Duke Environmental Law & Policy Forum, 2009)
The Endangered Species Act (ESA) has long been the workhorse of species protection in contexts for which a species-specific approach can effectively be employed to address discrete human-induced threats that have straightforward ...
Cities, Green Construction, and the Endangered Species Act
(Virginia Environmental Law Journal, 2009)
The geographic footprint of cities--the space they occupy--is relatively small in comparison to their ecological footprint, which is measured in terms of impact on the sustainability of resources situated mostly outside ...
The Endangered Species Act and Private Property: A Matter of Timing and Location
(Cornell Journal of Law and Public Policy, 1998)
This article examines some of the perverse consequences of the structure of the Endangered Species Act, namely that it deters property owners from conserving threatened species and lacks proactive measures.
Taking Adaptive Management Seriously: A Case Study of the Endangered Species Act
(Kansas Law Review, 2004)
If one compares the way in which the ESA was implemented in 1982 to the way it is today, the list of differences would far outweigh the similarities. Indeed, the ESA has been transformed so much through administrative ...
In Defense of Regulatory Peer Review
(Washington University Law Review, 2006)
The debate over application of peer review to the regulatory decisions of administrative agencies has heated up in the last year. Part of the larger and controversial sound science movement, mandating peer review for certain ...