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 Collection: Congressional Research Service Reports
The Endangered Species Act and Private Property

The Endangered Species Act and Private Property

Date: March 7, 1993
Creator: Meltz, Robert
Description: If the 103rd Congress embarks upon an effort to reauthorize the Endangered Species Act (ESA), it will run into an old acquaintance: the property rights issue. As now written, the ESA has at least the potential to curtail property rights (whatever its actual impact as implemented may be). This report explores the legal repercussions of those impacts, especially whether they constitute takings of property under the fifth amendment of the U.S. Constitution.
Contributing Partner: UNT Libraries Government Documents Department
The Endangered Species Act and "Sound Science"

The Endangered Species Act and "Sound Science"

Date: July 16, 2002
Creator: Baldwin, Pamela & Corn, M. Lynne
Description: This report provides a context for evaluating legislative proposals through examples of how science has been used in selected cases, a discussion of the nature and role of science in general, and its role in the Endangered Species Act (ESA) process in particular, together with general and agency information quality requirements and policies, and a review of how the courts have viewed agency use of science.
Contributing Partner: UNT Libraries Government Documents Department
The Endangered Species Act and "Sound Science"

The Endangered Species Act and "Sound Science"

Date: October 5, 2006
Creator: Buck, Eugene H; Corn, M. Lynne & Baldwin, Pamela
Description: This report provides a context for evaluating legislative proposals through examples of how science has been used in selected cases, a discussion of the nature and role of science in general, and its role in the Endangered Species Act (ESA) process in particular, together with general and agency information quality requirements and policies, and a review of how the courts have viewed agency use of science.
Contributing Partner: UNT Libraries Government Documents Department
The Endangered Species Act: Consideration of Economic Factors

The Endangered Species Act: Consideration of Economic Factors

Date: April 15, 2003
Creator: Baldwin, Pamela
Description: The Endangered Species Act (ESA) provides for the listing and protection of species that are found to be “endangered” or “threatened” – species that might become extinct. The listing of a species as endangered triggers the prohibitions in the Act against “taking” (killing or harming) individuals of the protected species, unless a permit is obtained to take individuals incidental to an otherwise lawful proposed action, or an exemption for the proposed action is obtained. Unauthorized taking of a listed species can result in civil or criminal penalties. These prohibitions and potential penalties can affect various activities, including development and use of land, with attendant economic impacts.
Contributing Partner: UNT Libraries Government Documents Department
The Endangered Species Act: Consideration of Economic Factors

The Endangered Species Act: Consideration of Economic Factors

Date: January 5, 2001
Creator: Baldwin, Pamela
Description: The Endangered Species Act (ESA) provides for the listing and protection of species that are found to be “endangered” or “threatened” – species that might become extinct. The listing of a species as endangered triggers the prohibitions in the Act against “taking” (killing or harming) individuals of the protected species, unless a permit is obtained to take individuals incidental to an otherwise lawful proposed action, or an exemption for the proposed action is obtained. Unauthorized taking of a listed species can result in civil or criminal penalties. These prohibitions and potential penalties can affect various activities, including development and use of land, with attendant economic impacts.
Contributing Partner: UNT Libraries Government Documents Department
The Endangered Species Act (ESA) in the 109th Congress: Conflicting Values and Difficult Choices

The Endangered Species Act (ESA) in the 109th Congress: Conflicting Values and Difficult Choices

Date: July 12, 2006
Creator: Buck, Eugene H; Corn, M. Lynne; Sheikh, Pervaze A; Meltz, Robert & Baldwin, Pamela
Description: The 109th Congress is considering proposals to amend the Endangered Species Act (ESA; P.L. 93-205, 16 U.S.C. §§1531-1543). Major issues in recent years have included changing the role of science in decision-making, modifying critical habitat (CH) procedures, incorporating further protection and incentives for property owners, and increasing protection of listed species, among others. In addition, many have advocated enacting as law some ESA regulations promulgated during the Clinton Administration. This report identifies other bills that have been introduced in the 109th Congress to address specific concerns related to how the ESA is implemented and how endangered species are managed.
Contributing Partner: UNT Libraries Government Documents Department
The Endangered Species Act (ESA) in the 109th Congress: Conflicting Values and Difficult Choices

The Endangered Species Act (ESA) in the 109th Congress: Conflicting Values and Difficult Choices

Date: November 9, 2006
Creator: Buck, Eugene H; Corn, M. Lynne; Sheikh, Pervaze A & Meltz, Robert
Description: The 109th Congress is considering proposals to amend the Endangered Species Act (ESA; P.L. 93-205, 16 U.S.C. §§1531-1543). Major issues in recent years have included changing the role of science in decision-making, modifying critical habitat (CH) procedures, incorporating further protection and incentives for property owners, and increasing protection of listed species, among others. In addition, many have advocated enacting as law some ESA regulations promulgated during the Clinton Administration. This report identifies other bills that have been introduced in the 109th Congress to address specific concerns related to how the ESA is implemented and how endangered species are managed.
Contributing Partner: UNT Libraries Government Documents Department
The Endangered Species Act (ESA) in the 109th Congress: Conflicting Values and Difficult Choices

The Endangered Species Act (ESA) in the 109th Congress: Conflicting Values and Difficult Choices

Date: January 25, 2006
Creator: Buck, Eugene H; Corn, M. Lynne; Sheikh, Pervaze A; Baldwin, Pamela & Meltz, Robert
Description: The 109th Congress is considering proposals to amend the Endangered Species Act (ESA; P.L. 93-205, 16 U.S.C. §§1531-1543). Major issues in recent years have included changing the role of science in decision-making, modifying critical habitat (CH) procedures, incorporating further protection and incentives for property owners, and increasing protection of listed species, among others. In addition, many have advocated enacting as law some ESA regulations promulgated during the Clinton Administration. This report identifies other bills that have been introduced in the 109th Congress to address specific concerns related to how the ESA is implemented and how endangered species are managed.
Contributing Partner: UNT Libraries Government Documents Department
The Endangered Species Act (ESA), Migratory Bird Treaty Act (MBTA), and Department of Defense (DOD) Readiness Activities: Background and Current Law

The Endangered Species Act (ESA), Migratory Bird Treaty Act (MBTA), and Department of Defense (DOD) Readiness Activities: Background and Current Law

Date: August 9, 2004
Creator: Baldwin, Pamela
Description: This report provides a brief overview of how the Endangered Species Act (ESA)1 and the Migratory Bird Treaty Act (MBTA)2 and their relevant regulations may apply to military training and readiness activities of the Department of Defense (DOD). Military activities may “take” protected creatures directly (e.g,. killing with ordnance during rifle, gunnery or assault drills), or might destroy habitat (e.g., artillery or bombing practices), even if these results are not the purpose of the activities. The applicability of the MBTA and ESA to military readiness activities has been controversial recently and legislation has been enacted in both the 107th and 108th Congresses on these topics.
Contributing Partner: UNT Libraries Government Documents Department
The Endangered Species Act (ESA), Migratory Bird Treaty Act (MBTA), and Department of Defense (DOD) Readiness Activities: Current Law and Legislative Proposals

The Endangered Species Act (ESA), Migratory Bird Treaty Act (MBTA), and Department of Defense (DOD) Readiness Activities: Current Law and Legislative Proposals

Date: May 30, 2003
Creator: Baldwin, Pamela
Description: This report provides a brief overview of how the Endangered Species Act (ESA)1 and the Migratory Bird Treaty Act (MBTA)2 and their relevant regulations may apply to military training and readiness activities of the Department of Defense (DOD). Military activities may “take” protected creatures directly (e.g,. killing with ordnance during rifle, gunnery or assault drills), or might destroy habitat (e.g., artillery or bombing practices), even if these results are not the purpose of the activities. The applicability of the MBTA and ESA to military readiness activities has been controversial recently and legislation has been enacted in both the 107th and 108th Congresses on these topics.
Contributing Partner: UNT Libraries Government Documents Department