The Endangered Species Act and Federalism: Effective Conservation through Greater State Commitment

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Kaush Arha, Barton H. Thompson Jr.
Routledge, May 23, 2012 - Nature - 320 pages
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States today play a major role in implementing and enforcing environmental laws such as the Clean Air Act, Clean Water Act, and the Resource Conservation and Recovery Act. A thirty year review of ESA identified state leadership in species conservation as a necessary element in better conserving the nations imperiled species, yet the theoretical and practical reasons and applications of an enhanced state role are little understood and have not been subjected to any meaningful analysis. This book, for the first time, presents the legal and policy analysis for federalism considerations in implementing ESA. The book undertakes a comprehensive analysis of the economic rationale for federalism in ESA administration; compares administration of ESA to other major environmental statutes; reviews various tools under the existing Act to enhance state role in species conservation; evaluates major case studies to determine roles the state can play in species conservation and recovery; and concludes with policy recommendations to encourage greater state involvement in species conservation.
 

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Contents

1 Federalism under the Endangered Species Act
3
Frameworks
19
The Optimal Locus of Endangered Species Authority
21
A Comparative Assessment and Call for Change
35
Opportunities for State and Local Involvement under the ESA
53
A Litigation Perspective
55
5 The Evolution of Federalism under Section 6 of the Endangered Species Act
89
Saving Species Habitat amid Rising Development
115
Wisconsins Statewide Habitat Conservation Plan
147
Conservation through Statewide Safe Harbor Agreements
165
Federalism and the Conservation of Maines Atlantic Salmon
187
10 Oregon Coastal Coho Restoration and the Endangered Species Act
221
A Case Study in the Endangered Species Act and Federalism
251
Concluding Thoughts
305
12 Toward Greater State and Local Commitment
307
Index
323

Case Studies
145

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About the author (2012)

Barton H. Thompson, Jr. is professor of law and director of the Woods Institute at Stanford University. Kaush Arha is concurrently a wildlife consultant to the Serengeti Research Institute and the governments of India and Mongolia. He remains affiliated with the Woods Institute at Stanford.

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