The take prohibition in section 9 of the Endangered Species Act: contradictions, ugly ducklings, and conservation of species. From: Environmental Law | Date: March 22, 2004| Author: Cheever, Federico; Balster, Michael | COPYRIGHT 2004 Lewis & Clark Northwestern School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group.Copyright information

The take prohibition in section 9 of the Endangered Species Act should be one of the most important provisions in the Act. Section 9 prohibits most injury to protected species. Unlike most provisions of the Act, section 9 applies to private actions on private land. This Article evaluates case law over the past 15 years and discusses the tensions within the Act that have prevented section 9 from assuming a more prominent role in Endangered Species Act jurisprudence. This Article suggests tha...

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