Document Type
Article
Publication Title
Cornell Journal of Law and Public Policy
Publication Date
1998
ISSN
1069-0565
Page Number
37
Keywords
Endangered Species Act, private policy, administrative law
Disciplines
Administrative Law | Law | Property Law and Real Estate
Abstract
For all the controversy surrounding the effect of the Endangered Species Act ("ESA") on private property, precious little information has accompanied the heated calls for strengthening or weakening the law's land use proscriptions. Preservationist groups and property rights groups alike depend on staking out higher moral ground and producing "poster child" stories of imperiled species or property owners. The Fish and Wildlife Service ("FWS"), which implements the ESA for most of the listed endangered and threatened species, has compiled reams of data on its administrative functions' in support of its recent efforts through administrative (in lieu of legislative) reform to achieve the elusive "balance" between too much and too little land use regulation. Most of this debate takes for granted that landowners threaten species and that the ESA threatens landowners. By and large, however, not much is known in terms of hard, cold data about the effects of ESA regulation on landowner behavior on imperiled species.
Recommended Citation
J.B. Ruhl,
The Endangered Species Act and Private Property: A Matter of Timing and Location, 8 Cornell Journal of Law and Public Policy. 37
(1998)
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/511