Lawrence R. Liebesman, Rafe Petersen, et al. Holland & Knight, LLP
The Endangered Species Act, arguably the most potent environmental
legislation enacted by Congress, requires all federal departments and
agencies to conserve endangered and threatened species by utilizing
their authorities in furtherance of the act's purposes. Because the
ESA represents a broad approach to species protection and
conservation that is implemented by absolute prohibitions driven by
biological factors, it is a source for land use laws, agency
regulations, and judicial decisions that can lead to significant
impacts on private property rights and economic development. The
Endangered Species Deskbook discusses in detail what has been called
the "800 pound gorilla" of environmental legislation. It makes clear
the often mystifying labyrinth of regulations and court decisions
construing the ESA's statutory language. It analyzes the ESA's
history, agency regulations, and court decisions in order to shed
light on the meaning of the statute as it was drafted by Congress and
interpreted by agencies and the courts, provides a guide for
interpreting the Act, and outlines the necessary information and
steps that might be needed for compliance with the ESA and applicable
agency regulations.
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