The Endangered Species Act: impact of section 9 on private landowners. (Endangered Species Act at Twenty-One: Issues of Reauthorization)

From: Environmental Law | Date: April 1, 1994| Author: Gidari, Albert | Copyright information

One of the most contentious issues under the Endangered Species Act involves the question of whether the modification of habitat on private lands may be punished as a "taking" of an endangered or threatened species. This question formed the center of the controversy in the recently decided case of Sweet Home Chapter for a Great Oregon v. Babbitt, and this article comprehensively addresses the issue. Gidari provides a detailed analysis of the development of the ESA's "taking" prohibitions, whi...

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