The Evolving Origins Of Species Under The ESA

Law360, New York (July 25, 2012, 1:07 PM EDT) -- The listing or delisting of a species under the Endangered Species Act (ESA)[1] can have serious consequences. The law requires that actions authorized, funded or carried out by government agencies not be likely to jeopardize the listed species or result in critical habitat change.

The ESA also anticipates affirmative agency action as well as constrains private behavior by landowners in favor of encouraging species recovery and biodiversity. Listing of a particular species can impact both public works and public permitting processes, and the law also limits...
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