Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Recovery Of An Endangered Provision: Untangling And Reviving Critical Habitat Under The Endangered Species Act, Kalyani Robbins
Recovery Of An Endangered Provision: Untangling And Reviving Critical Habitat Under The Endangered Species Act, Kalyani Robbins
Faculty Publications
There has been long-term confusion among courts, agencies, developers, and environmental organizations regarding the legal, environmental, and economic impacts of designating critical habitat for species listed as threatened or endangered under the ESA. At the heart of this difficulty has been a need to understand the degree to which the protections for critical habitat can be distinguished from those for listed species generally. Critical habitat is primarily protected via section 7’s requirement that federal agencies consult with the Fish & Wildlife Service and the National Marine Fisheries Service to determine whether a proposed federal action either jeopardizes a listed species …
Strength In Numbers: Setting Quantitative Criteria For Listing Species Under The Endangered Species Act, Kalyani Robbins
Strength In Numbers: Setting Quantitative Criteria For Listing Species Under The Endangered Species Act, Kalyani Robbins
Faculty Publications
My primary thesis is that the Fish & Wildlife Service and the National Marine Fisheries Service need to set quantitative criteria for listing species under the Endangered Species Act in order to promote consistency, transparency, and efficiency. I suggest a model for doing so, the use of which would create an opportunity to move beyond the political quagmire surrounding the selection of vulnerable species for preservation. Like my other environmental scholarship, the article merges scientific research in the field of conservation biology with legal analysis. With the status quo, listing decisions often turn on wildly different factors, including some not …