Regulatory Law With Regard to

¶ … regulatory law with regard to the Endangered Species Act of Tennessee. The writer explores the case study done to examine the law and its application and then provides the opinion that the study was well done and provided insight to the question. Few people are aware of the plight of fresh water mussels in America, but a recent study into the compliance of the regulatory law regarding fresh water mussels did indicate that the laws are being under-enforced which puts the mussels in significant danger of extinction.

The Endangered Species Act is still one of the most hotly debated environmental laws in the United States. Advocates of the law believe it is the only strong law available to prevent mass extinction of endangered species, while opponents of the law believe it is a legal dance that provides many loopholes to prevent big business and other profitable entities from having to comply (Biber, 2002). This research used a case study to determine the strength of the law when it comes to fresh water mussels and their protection.

The study begins by examining the differences between fresh water and salt water mussels. It discusses the similarities and differences in the two species and goes into detail about the endangerment of the fresh water mussel (Biber, 2002). It alludes to the fact that the survival and birth of a fresh water mussel is often times almost impossible but for those that do survive the result can be a mussel that lives for several decades.

The study explores the dangers of extinction and discusses the wide range of threats the mussels face through over harvesting by humans and other animals. The study then goes on to explore and explain the current Endangered Species Act that was passed in 1973 by the United States Congress (Biber, 2002). The Act allows the government to list a species as endangered or threatened depending on its criteria as laid out by the Act to determine a classification and level of threat to that species.

The study concluded that there are agencies and governments in this country using loopholes to get out of obeying the ESA, thereby putting fresh water mussels in even more significant danger of extinction. The study illustrates through the use of many other situations as examples that the government is not upholding and enforcing the ESA the way it should be when it comes to fresh water mussels and their current threat of extinction. ANALYSIS This study was extremely thorough and dedicated to providing the most information possible in its completion.

It incorporated an educational component in which it explored the law as well as the fresh mussel species. Because of the method it used in examining the problem through a case study that held fresh mussels and their plight against hundreds of similar situations, and pointed out the differences and outcomes in those situations this case study should be considered thorough and well done research. The public and private sector can use this study in decision making when it comes to current and future development questions in their areas.

One example would be a land developer that wanted to build a subdivision near some fresh water marshes. This study can be used to link the developers researchers to studies that help find loopholes for that.