Endangered Species Act US Endangered

Endangered Species Act

US Endangered Species Act: An Annotated Bibliography

Preserving our biological heritage in an important issue for all of humanity. For various reasons many species of plants and animals are in danger of extinction (U.S. Fish and Wildlife Service, SEC 2, 1973). These plants and animals serve many purposes in our world. They are important for the beauty that they add to our world, are of ecological purpose. They are educational, historical, recreational, and many are of scientific value (U.S. Fish and Wildlife Service, SEC 2, 1973). The plants and animals that inhabit the landscape are of national and global importance. Therefore, the U.S., along with other nations through the use of treaties, has pledged to attempt to preserve the species that are, or may become in the future, threatened and endangered.

The issue of wildlife preservation has many stakeholders, some of which are on different sides of the issue. Every category of stakeholder has a different concern regarding wildlife preservation efforts, and not all of them are on the side of the wildlife. Of course, the American people represent the largest group of stakeholders, and they have much to lose if their wildlife is no longer a part of their national heritage. However, many of them must give up luxuries or make lifestyle changes on a daily basis in order to preserve habitats and waterways.

The second major stakeholder are those who must give up, or dramatically alter their way of life, such as ranchers, manufacturers, and those in agriculture. These entities have just as much to lose in the threatened species as the rest of the country. However, they have much to lose, for the sake of the species as well. In some cases, they may go out of business for the sake of an endangered species. Often, these stakeholders place their own interests first and concerns over wildlife second. It is not that they do not care about the environment; they must place their own livelihood ahead of other issues.

The third major stakeholders are wildlife organizations, such as the World Wildlife Federation, Green Peace, and other groups concerned with conservation. These groups often play an active role in helping to increase wildlife numbers. They also actively lobby to stop or control activities that threaten wildlife. They place the interests of the wildlife over any other concerns, such as manufacturing and mining operations. They are stiffly opposed to these activities but also spend much needed time with their animals and attempts to bring them back from the brink.

The fourth group of stakeholder includes policy makers and political leaders. They have the most difficult task, because they must weigh both sides of the issue and attempt to create a compromise that will satisfy both opposing sides of the issue. They must devise legislation that satisfies the interests of special interest groups who represent big business and environmental lobbyists. This research will explore their attempts to meet the needs of big business, while continuing to search for new ways to resolve current issues.

Every region in the United States has its own unique biomes and ecological conditions that exist. This makes the habitat and reasons for species decline different in every geographic region of the U.S. For instance, Florida residents have a primary concern with species loss in the Everglades, which contributes to the fresh water supply in the region. Loss of this important ecosystem could mean a major loss of drinking water for the state of Florida.

These concerns are different from ecological concerns in other portions of the United States. For instance, residents in the Appalachian Mountains are largely concerned with the environmental damage caused by mountaintop coal mining and disposal of waste products from these operations. Oceanside regions of the U.S. are concerned with problems associated with loss of marine life. Loss of marine life, such as shrimp, mussels, and fish can mean a major economic loss for those that depend on harvest of these species to make a living. City dwellers are concerned with the environmental hazards of carbon monoxide buildup and other pollutants. Persons living in the middle portions of the United States are concerned with soil erosion, herbicide and pesticide runoff, and water shortages due to agricultural activities.

Each region of the United States has its own unique set of environmental concerns. They are not only concerned with their local problems, but how these smaller problems contribute to a much larger problem on a global scale. All of these problems are unique on a regional level, but they are interconnected on a much larger scale. The solution to global problems will require attention to the individual problems that exist on a local level.

Meeting the requirements of the U.S. Endangered Species Act places a burden on many industries that must make major changes to the way that they do business. However, if measures are not taken to resolve the environmental issues that we face today, regardless of the inconvenience that it causes, we stand to face much larger problems in the future. The requirements of the Endangered Species Act are forward looking, with sights on the future, rather than the immediate needs. This act considers the good of all, not just the interests of a few large and powerful individuals. This research supports the Environmental Species Act and the principles behind it. The following will review existing literature regarding both sides of the Environmental Species Act.

Annotated Bibliography

Babbit v. Sweet Home Chapt. Comms. For Ore. (94-859), 515 U.S. 687 (1995). Cornell University Law School. Retrieved 5 December 2008 at http://www.law.cornell.edu/supct/html/94-859.ZO.html

This court case examined whether the Endangered Species Act applied to habitat modifications on private property that would result in the destruction of listed species. The case is presented in its entirety. The case arose when it was found that the red cockaded woodpecker, northern spotted owl, were nesting in important timber needed for logging. The result of this case was that private landowners could not harm the habitat that an endangered species needs for survival, even if it does not result in direct bodily harm to the species. This decision clarified that the terms of the Endangered Species Act apply to all citizens, not just a select few.

Benson, R. (2008). Dams, Duties, and Discretion: Bureau of Reclamation Water Project Operations and the Endangered Species Act. Columbia Journal of Environmental Law. 33 (1). Retrieved 5 December 2008 at http://www.columbia.edu/cu/cjel/33_1_files/benson_abstract.html

TVA v. Hill established that ESA was clearly in favor of the species being protected, taking precedence over all other concerns. It allowed for no exceptions. However, it took different action when confronted with the NAHC v. Defenders of Wildlife in 2007. This case is still pending and set precedent in future decisions regarding similar situations. The problem is over water usage, in an area already plagued by water issues. This case will have an impact on the interpretation of the ESA in the future.

Buck, E. (2007). Polar Bears: Listing Under the Endangered Species Act. CRS Report for Congress. 25 January 2007. Retrieved 5 December 2008 from https://www.policyarchive.org/bitstream/handle/10207/4428/RS22582_20070125.pdf?sequence=1

In acknowledgement of increasing danger to polar bear habitat, it was proposed that polar bears be listed under the ESA. The primary threats to the polar bears are melting ice, contaminants and hunting for sustenance and sport. Concerns over the listing included economic concerns, largely restricted to Alaskan citizens. This article presented both sides of the issue and was targeted towards policy makers as background information. It might be noted that at the time of the article, the issues were unresolved. Since that time, Polar Bears have been listed.

Ferraro, P. McIntosh, C., & Ospina, M. (2005). The Effectiveness of Listing under the U.S. Endangered Species Act: An econometric analysis using matching methods. In Press. Retrieved 5 December 2008 at http://www.aere.org/meetings/0506workshop_Effectiveness_of_Listing_Under.pdf

This study investigated how the selection process has changed over time. It identifies the effects of the time listed on the species in question. The study used regression analysis to demonstrate that those that were listed earlier show the greatest rate of recovery. It also found that differences exist according to the amount of funding that they receive. This study concluded that listing and funding together result in the greatest chances for species recovery under the act. This study included an incomplete data set, therefore, could be considered a draft copy. This study focused on the development of methodology, rather than the conclusions that were drawn. It uses a pre-treatment/post-treatment comparison for the observed species. The key strength of this study is in the development of reliable testing methods for endangered species.

General Accounting Office (2002). Endangered Species Program: Information on How Funds Are Allocated and What Activities Are Emphasized. Report to the Chairman, Committee on Government Reform, House of Representatives. Report # GAO-02-581. Retrieved 5 December at http://www.gao.gov/new.items/d02581.pdf

This report by the General Accounting Office discloses how funds from the Endangered Species Act are used. This study concludes that a heavy workload and lack of resources has an adverse affect on the ability to field workers to carry out their work. It highlights administrative roadblocks to program effectiveness. This research is an unbiased report made to the House of Representatives. It clearly demonstrates that much work in needed to from a policy and funding perspective to make the program better in line with its intended purpose.

Neil, M. (2008). New Regulations Threaten Parts of Endangered Species Act. ABA Journal. 12 August 2008. Retrieved 6 December 2008 at http://abajournal.com/news/new_regulations_threaten_parts_of_endangered_species_act/

This article highlights a new plan that many limit independent scientific review by the Fish and Wildlife Service and the National Marine Fisheries Service when a listed plant or animal species is threatened by a proposed project. This new proposal is drawing criticism, as it is feared that opinions will not be objective. It is feared that decisions regarding potential violations will be addressed by personnel that are not knowledgeable enough to make correct decisions. This article informs the reader about these new proposals and presents both sides of the issue.

Nilsson, G. (2005). Endangered Species Handbook. Washington Dc.: Animal Welfare Institute. Retrieved 5 December 2008 at http://www.endangeredspecieshandbook.org/chapters.php

This online book presents the history and issues involved in the Endangered Species Act in nonprofessional's language. It is intended for use by teachers in the classroom who wish to include lesson on endangered species. It addressed a number of biomes, including forest, grasslands, aquatic ecosystems, and Madagascar. It addresses legal, economic, and environmental issues surrounding the act. It uses a vast number of previous academic studies to support its position. It is biased towards the need to preserve endangered species. It serves as a practical guide to instill and action-oriented approach in children.

Nowicki, B. (2004). Delays in Endangered Species Act protections lead to extinctions. Earth Island Journal. Autumn 2004. Bnet. Retrieved 5 December 2008 at http://findarticles.com/p/articles/mi_hb6393/is_/ai_n29110438

One of the key concerns of environmentalists is that while species undergo the long legislative process to become listed, many have become extinct. This article used case studies as primary evidence for its claims. It highlighted the case of the Marshall pearly mussel as a prime example. The article supports and highlights the success of the Endangered Species Act, when it is implemented properly. However, it points out key loopholes in the legislation that have dire consequences for the species that it is intended to protect. This article is written in nonprofessional's language and is intended for journal subscribers. It is biased towards the ESA, as it does not consider the fairness issue with allowing proper debate and opposition to the positions.

A www.nationalcenter.orgOpposition to ESA: Letter from 85 national conservative and property rights organizations to the chairman of U.S. Senate Environment & Public Works Committee regarding proposed changes to Endangered Species Act (2006). Retrieved 5 December 2008 at http://www.nationalcenter.org/ESAPropertyRights022706.pdf

This letter was written to in opposition to the U.S. Supreme Court decision in Kelo v New London. It contends that the ESA strips private property owners of their rights and use of their land. It is a key piece of evidence as to those opposing the ESA.

Owen, D (2008). Climate Change and Environmental Assessment Law. Columbia Journal of Environmental Law. 33 (1). Retrieved 5 December 2008 at http://www.columbia.edu/cu/cjel/33_1_files/owen_abstract.html

Climate change continues to accelerate loss of habitat and is expected to have a dramatic impact on species loss in the future. This article suggests that existing legislation needs to be examined for its effectiveness in curtailing further climate degradation. The study addresses a little studied question of if current legislation provides the means to provide greater control.

Peterka, G. (2002). The Endangered Species Act and Chlorinated Water Discharges. Research & Extension Regional Water Quality Conference. Retrieved 5 December 2008 at http://www.swwrc.wsu.edu/conference/Papers/Greg_Peterka.pdf

The National Marine Fisheries Service (NMFS) enforces the Endangered Species Act for marine animals. The Act's 4-d Rule allows the NMFS to sanction activities that could harm fish. This study examined several chemical methods of neutralizing chlorine in water discharges near streams containing listed fish species. These methods are still under investigation due to unknown effects on human populations. However, they will continue to be studied and may represent a key to controlling chlorine discharge in the future. This article presented the key findings from an empirical perspective. It was an overview intended for a technically oriented audience.

Schweiger, L. (2008). Endangered Species Act itself remains endangered. JS Online. 31 August 2008. Retrieved 5 December 2008 at http://www.jsonline.com/news/opinion/32580399.html

This article supports the position that the Bush administration should not amend the Endangered Species Act. It takes the position that the changes proposed by Bush will render the Act ineffective in protecting endangered and threatened species. This article cites the successes of the Endangered Species Act and the harms that the proposed changes would cause. It is written by the president and CEO of the National Wildlife Federation. The article is informative, even though the author has a decided financial interest in the position of the article.

Silvestro, R. (2004). Where Would They Be Now? National Wildlife. Aug/Sept 2004. 42 (5). Retrieved 6 December 2008 at http://www.nwf.org/nationalwildlife/article.cfm?articleId=958&issueId=69

This article profiles examples of species that would be extinct, had it not been for the Endangered Species Act. The include the bald eagle, Florida panther, key deer, Mauna kea silversword, piping plover, Florida manatee, Desert Tortoise, Karner blue butterfly, and gray bat. This article explores the successes of efforts to save these species and the importance of doing so. Data is drawn from U.S. Fish and Wildlife reports. It has a decided bias in favor of the ESA. It did not present a balanced perspective of the issue, or address concerns by the opposition. The article appeared in a publication by the National Wildlife Federation, which represents major lobbying efforts in favor of the ESA.

Stone, S., Leahy, M., & McCallum, E. (2008). Wolves Lose Protection Under Endangered Species Act - Defenders Press Release. The Boreal Avenger's Journal. 21 February 2008. Retrieved 5 December 208 at http://journals.democraticunderground.com/TheBorealAvenger/78

This news article informs the reader of the delisting of the northern Rockies Gray wolf, placing the species in the hands of the state. It is feared that this action will only result in rapid decline of the wolf species and that it will soon have to be relisted. This was a highly controversial decision. The article was funded by a lobbying group and demonstrates bias opposing the delisting of he grey wolf. The article presented both sides of the issue, but presented it in a fashion that appeared biased towards the opinions of the supporting group.

Taylor, M.T., K.S. Suckling, and R.R. Rachlinski (2005). www.biologicaldiversity.orgBioScience 55 (4): 360-367. Retrieved 5 December 2008 at http://www.biologicaldiversity.org/swcbd/PROGRAMS/policy/CH/bioscience2005.pdf.

As of 2005, 1095 species were listed as threatened and endangered. Species with critical habitat recover plans for two or more years, were found to be twice as likely to have an improving population trend in the late 1990s. They were less than half as likely to be declining in the early 1990s as species without habitat recovery plans. Based on the results of this study, the authors recommend increasing funding of habitat recovery plans. This source presents the results of an empirical study that used biennial reports issued by the U.S. Fish and Wildlife Service. Statistical analysis of the data contained in these reports were used to draw conclusions for this quantitative study. The study supports the effectiveness of the Environmental Species Act and its continued funding. Although the study favored continuation of the Environmental Species Act, it presented both sides of the issue, including studies that were contrary to the findings of this study. It represented both sides of the issue, was based on reliable source data and provided a solid basis for actions resulting from the study. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=437&invol=153" TVA v. Hill 437 U.S. 153 (1978). FindLaw for Legal Professionals. Retrieved 5 December 2008 at http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=437&invol=153

One of the most famous cases regarding environmental concerns against the interests of big business is the Tennessee Valley Authority v. Hill, et al. case, brought before the United States Court of Appeal for the Sixth Circuit. This is the case findings in their entirety. This case resulted in the relocation of snail darter populations, which TVA had to pay for. The primary reason for the case was that the project was nearly complete when the snail darter was listed. This case highlights the need to further define conditions of the Endangered Species Act to account for such circumstances.

U.S. Fish and Wildlife Service. Endangered Species Act of 1973. (1973) as amended through the 108th Congress. Retrieved 4 December 2008 at http://www.fws.gov/endangered/ESA/sec2.html.