Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Environmental Law

Vanderbilt Law School Faculty Publications

Series

2004

Habitat conservation

Articles 1 - 2 of 2

Full-Text Articles in Law

Past, Present, And Future Trends Of The Endangered Species Act, J.B. Ruhl Jan 2004

Past, Present, And Future Trends Of The Endangered Species Act, J.B. Ruhl

Vanderbilt Law School Faculty Publications

this article is designed to convince readers that the past, present, and future trends of the ESA are all the same. To provide context, Part I presents a brief overview of the structure of the statute and the kinds of decisions that must be made under it. Part II delves more deeply into each of the topics covered in the NR&E issues, eight in all, providing in each case the necessary legal background followed by a discussion of how the topic played out in the two NR&E issues. Finally, I conclude with a brief summary of my own perspectives on …


Taking Adaptive Management Seriously: A Case Study Of The Endangered Species Act, J.B. Ruhl Jan 2004

Taking Adaptive Management Seriously: A Case Study Of The Endangered Species Act, J.B. Ruhl

Vanderbilt Law School Faculty Publications

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 reform toward the ecosystem management model, I have dared to suggest elsewhere that it has earned the seal of eco-pragmatism. In this Article, I explore the related question such an assertion necessarily begs-has the ESA also earned the seal of adaptive management?... Part I of the Article provides the legal and ecological background necessary to appreciate the need for ecosystem management, and …