Unintended consequences

Forum for Applied Research and Public Policy

Volumn 15, Issue 3, 2000, Pages 16-22

  Lueck, Dean ^a  

^a MONTANA STATE UNIVERSITY   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 9944250122     PISSN: 08878218     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (26)

1. The National Marine Fisheries Service administers the ESA for marine species. For the details of the history of the ESA and its implementation, see Michael J. Bean and Melanie J. Rowland, The Evolution of National Wildlife Law, 3rd ed. (Westport,CT: Preager, 1997);
2. Daniel J. Rohlf, The Endangered Species Act: A Guide to its Protections and Implementation (Stanford, CA: Stanford Environmental Law Society, 1998);
3. and Steven Lewis Yaffee, Prohibitive Policy: Implementing the Federal Endangered Species Act (Cambridge, MA: MIT Press, 1982).
4. This history is examined in detail in Dean Lueck, "The Law and Politics of Federal Wildlife Preservation," in Terry L. Anderson, ed., Political Environmentalism (Stanford, CA: Hoover Press, 2000).
5. 437 U.S. § 153 (1978).
6. The ESA, however, does not prevail in issues of national security.
7. 40 Fed. Reg. 44412, 44416 (1975).
8. Palila v. Hawaii Department of Land and Natural Resources, 471 F. Supp 985 (D. Hawaii 1979), aff'd 639 F.2d 495 (1981).
9. This policy was further solidified by the Supreme Court in Babbitt v. Sweet Home Communities for a Greater Oregon, 515 U.S. 687 (1995).
10. For an analysis of the economics of wildlife law, see Dean Lueck, "The Economic Nature of Wildlife Law," Journal of Legal Studies 18 (1989), pp. 291-323.
11. Quoted in "NWF Seeks Prairie Dog Listing: Action Will Save Wildlife and Grassland Habitat" 〈http://www.nwf.org/prairiedogs/prairied.html〉. To date, the prairie dog has not been listed, but the FWS gave a preliminary ruling in 1999 that it would be listed within a couple of years.
12. The Center's actions are described by Nicholas Lemann, "No People Allowed," New Yorker (November 22, 1999), pp. 101-113.
13. Daniel J. Rohlf, in The Endangered Species Act: A Guide to its Protections and Implementation (Stanford, CA: Stanford Environmental Law Society, 1988),
14. finds over 40 federal cases by 1988. From 1973 to 1998, the Environmental Law Reporter (various issues) shows 24 cases reaching the Supreme Court, 360 reaching a federal appellate court, and 488 reaching a federal district court.
15. For some of these cases, see Richard Epstein, "Babbitt v. Sweet Home: The Law and Economics of Habitat Preservation," Supreme Court Economic Review 5 (1997), pp. 1-57;
16. Charles C. Mann and Mark L. Plummer, Noah's Choice: The Future of Endangered Species (New York: Alfred A. Knopf, 1995);
17. and H. Barton Thompson, Jr., "The Endangered Species Act: A Case Study in Takings and Incentives," Stanford Law Review 49 (1997), pp. 305-380.
18. Developers Guide to Endangered Species Regulation (Washington DC: National Association of Home Builders, 1996), p. 109.
19. Cone also used the threat of logging and a fifth amendment lawsuit to limit the enforcement of the timber harvest restrictions.
20. Dean Lueck and Jeffrey A. Michael, "Preemptive Habitat Destruction under the Endangered Species Act," working paper, Montana State University (April 2000).
21. Dean Lueck and Jeffrey A. Michael, working paper, Ibid.
22. Lueck and Michael, "Preemptive Habitat Destruction under the Endangered Species Act."
23. For example, Eglin Air Force Base in Florida and Fort Bragg Army Base in North Carolina are home to numerous populations of the endangered red-cockaded woodpecker.
24. Robert E. Gordon et al., "Conservation under the Endangered Species Act," Environment International 23 (1993), pp. 277-370.
25. In remarks celebrating the 25th anniversary of the ESA, Michael Bean, chair of Environmental Defense's Wildlife Program, notes the ESA "has sparked long-overdue changes in the management of our Federal forests. It has helped bring an end to the era of pork-barrel dam building." He is remarkably silent on the ESA's species recovery record. See "The 25th Anniversary of the Endangered Species Act," EDF Column 30(1), January 1999 at 〈http://www.environmentaldefense.org/pubs/newsletter/1999/Jan/j_endsp. html〉.
26. This article was written while the author was an Olin Fellow in Law and Economics at Cornell University, Ithaca, New York.