ESA: A Tool For Shaping Climate Change Law

Law360, New York (February 2, 2009, 12:00 AM EST) -- Throughout the Bush administration, environmental groups tried to use the Endangered Species Act (ESA) as a tool to establish U.S. global climate change law and policy.

Their efforts are nearing fruition, as signaled by the listing of the polar bear as a threatened species due to climate change effects on the bears’ icy habitat.

Failure to understand this initiative by environmental groups will inevitably lead to conflict with any new federal climate change legislation or regulations that likely will be enacted during the Obama administration....
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