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Listing Decisions Under The Endangered Species Act: Why Better Science Isn't Always Better Policy, Holly Doremus Nov 2012

Listing Decisions Under The Endangered Species Act: Why Better Science Isn't Always Better Policy, Holly Doremus

Holly Doremus

This Article offers an alternative approach to ESA listing determinations which would better combine scientific credibility with democratic legitimacy. As background to the current problem, Part II explains the origins of the ESA's stringent strictly science mandate. Part III considers the nature and limits of scientific information and explains how the scientific process can identify the best available scientific information. Part IV evaluates the specific decisions required for ESA listings in light of the strictly science mandate, explaining why these decisions require input from beyond the realm of scientific information. Part IV goes on to demonstrate that the incompatibility of …