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The Endangered Species Act: A Primer

Description: The discussion on this report is expanded for four aspects of the Endangered Species Act (ESA) and its implementation that have raised concerns and promoted debate—listing species, designating critical habitat, consulting on projects, and exempting projects.
Date: April 16, 2008
Creator: Corn, M. Lynne; Buck, Eugene H. & Alexander, Kristina
Item Type: Report

The Endangered Species Act and Claims of Property Rights “Takings

Description: This report discusses Endangered Species Act (ESA) that has long been one of the major flash points in the “property rights” debate. This report first outlines the ESA provisions most relevant to the act's impacts on private property, then surveys the major ESA-relevant principles of Fifth Amendment takings law, and finally discusses the court decisions adjudicating whether government measures based on the ESA effect a taking of property under the Fifth Amendment.
Date: January 14, 2008
Creator: Meltz, Robert
Item Type: Report

Endangered Species Act and Legal Issues Regarding Columbia Basin Salmon and Steelhead

Description: This report discusses the resident fish, such as bull trout and Kootenai River white sturgeon, which are listed as threatened and endangered respectively under the ESA are affected by the Federal Columbia River Power System (FCRPS). This report focuses on Endangered Species Act (ESA) actions and litigation related to these species.
Date: May 12, 2008
Creator: Lane, Nic; Alexander, Kristina & Buck, Eugene H.
Item Type: Report

Endangered Species Act and Legal Issues Regarding Columbia Basin Salmon and Steelhead

Description: This report discusses the resident fish, such as bull trout and Kootenai River white sturgeon, which are listed as threatened and endangered respectively under the ESA are affected by the FCRPS. This report focuses on Endangered Species Act (ESA) actions and litigation related to these species.
Date: July 16, 2008
Creator: Lane, Nic; Alexander, Kristina & Buck, Eugene H.
Item Type: Report

The Endangered Species Act and "Sound Science"

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.
Date: October 5, 2006
Creator: Buck, Eugene H.; Corn, M. Lynne & Baldwin, Pamela
Item Type: Report

The Endangered Species Act and "Sound Science"

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.
Date: September 27, 2007
Creator: Buck, Eugene H.; Corn, M. L.; Baldwin, Pamela & Alexander, Kristina
Item Type: Report

The Endangered Species Act (ESA) and Claims of Property Rights "Takings"

Description: This report outlines the ESA provisions most relevant to the act's impacts on private property and surveys the major ESA-relevant principles of Fifth Amendment takings law. The report then proceeds to the court decisions adjudicating whether government measures based on the ESA effect a taking of property under the Fifth Amendment.
Date: February 3, 2009
Creator: Meltz, Robert
Item Type: Report

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

Description: This report discusses various proposals to amend the Endangered Species Act of 1973 (ESA; P.L. 93-205, 16 U.S.C. §§1531-1543). Major issues include changing the role of science in decision-making, modifying critical habitat (CH) procedures, reducing conflicts with Department of Defense activities, incorporating further protection and incentives for property owners, and increasing protection of listed species, among others.
Date: April 12, 2006
Creator: Buck, Eugene H.; Corn, M. Lynne; Sheikh, Pervaze A.; Baldwin, Pamela & Meltz, Robert
Item Type: Report

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

Description: This report identifies additional bills that have been introduced in the 109th Congress to address specific concerns related to how the Endangered Species Act (ESA is implemented and how endangered species are managed, and will be updated periodically to reflect legislative action.
Date: October 27, 2006
Creator: Buck, Eugene H.; Corn, M. Lynne; Sheikh, Pervaze A. & Meltz, Robert
Item Type: Report

The Endangered Species Act (ESA) in the 110th Congress: Conflicting Values and Difficult Choices

Description: This report will identify and discuss oversight issues and legislation introduced in the 110th Congress to address specific concerns related to how ESA is implemented and how endangered species are managed, and will be updated periodically to reflect legislative action.
Date: April 9, 2007
Creator: Buck, Eugene H.; Corn, M. L.; Sheikh, Pervaze A.; Meltz, Robert & Kristina Alexander
Item Type: Report

The Endangered Species Act (ESA) in the 110th Congress: Conflicting Values and Difficult Choices

Description: This report will identify and discuss oversight issues and legislation introduced in the 110th Congress to address specific concerns related to how ESA is implemented and how endangered species are managed, and will be updated periodically to reflect legislative action.
Date: May 2, 2007
Creator: Buck, Eugene H.; Corn, M. L.; Sheikh, Pervaze A.; Meltz, Robert & Alexander, Kristina
Item Type: Report

The Endangered Species Act (ESA) in the 110th Congress: Conflicting Values and Difficult Choices

Description: The 110th Congress is likely to oversee implementation and funding of the Endangered Species Act (ESA; P.L. 93-205, 16 U.S.C. §§ 1531-1543) and to consider proposals to amend the act. This report will identify and discuss oversight issues and legislation introduced in the 110th Congress to address specific concerns related to how ESA is implemented and how endangered species are managed.
Date: October 10, 2007
Creator: Buck, Eugene H.; Corn, M. L.; Sheikh, Pervaze A.; Meltz, Robert & Alexander, Kristina
Item Type: Report

The Endangered Species Act (ESA) in the 110th Congress: Conflicting Values and Difficult Choices

Description: This report will identify and discuss oversight issues and legislation introduced in the 110th Congress to address specific concerns related to how ESA is implemented and how endangered species are managed, and will be updated periodically to reflect legislative action.
Date: June 3, 2008
Creator: Buck, Eugene H.; Corn, M. L.; Sheikh, Pervaze A.; Meltz, Robert & Alexander, Kristina
Item Type: Report

Endangered Species: Difficult Choices

Description: This report discusses various measures being considered by Congress that propose to amend the Endangered Species Act of 1973 (ESA). Major issues in recent years have focused on whether to incorporate further protection for property owners and reduce regulatory impacts, whether to increase the protection afforded listed species, or whether to modify various aspects of the ESA, such as the role of science in decision-making.
Date: December 9, 2003
Creator: Buck, Eugene H.; Corn, M. L. & Baldwin, Pamela
Item Type: Report

Endangered Species: Difficult Choices

Description: This report discusses various measures being considered by Congress that propose to amend the Endangered Species Act of 1973 (ESA). Major issues in recent years have focused on whether to incorporate further protection for property owners and reduce regulatory impacts, whether to increase the protection afforded listed species, or whether to modify various aspects of the ESA, such as the role of science in decision-making.
Date: June 14, 2004
Creator: Buck, Eugene H.; Corn, M. L. & Baldwin, Pamela
Item Type: Report

Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

Description: This report provides an overview of the Combatant Status Review Tribunal (CSRT) procedures, summarizes court cases related to the detentions and the use of military commissions, and summarizes the Detainee Treatment Act (DTA), as amended by the Military Commissions Act of 2006, analyzing its effects on detainee-related litigation in federal court. The report summarizes pending legislation and provides an analysis of relevant constitutional issues that may have some bearing on Congress's options with respect to the Guantanamo detainees.
Date: July 29, 2008
Creator: Elsea, Jennifer K.; Garcia, Michael John & Thomas, Kenneth R.
Item Type: Report

Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

Description: This report provides an overview of the early judicial developments and the establishment of Combatant Status Review Tribunals (CSRTs) procedures; summarizes selected court cases related to the detentions and the use of military commissions; and discusses the Detainee Treatment Act, as amended by the Military Commissions Act of 2006 and the Military Commissions Act of 2009, analyzing its effects on detainee-related litigation in federal court. The report summarizes the Supreme Court's decision in Boumediene invalidating Congress's efforts to revoke the courts' habeas jurisdiction, and discusses some remaining issues and subsequent developments.
Date: April 5, 2010
Creator: Elsea, Jennifer K. & Garcia, Michael J.
Item Type: Report

Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

Description: This report provides an overview of the early judicial developments and the establishment of Combatant Status Review Tribunals (CSRTs) procedures; summarizes selected court cases related to the detentions and the use of military commissions; and discusses the Detainee Treatment Act, as amended by the Military Commissions Act of 2006 and the Military Commissions Act of 2009, analyzing its effects on detainee-related litigation in federal court. The report summarizes the Supreme Court's decision in Boumediene invalidating Congress's efforts to revoke the courts' habeas jurisdiction, and discusses some remaining issues and subsequent developments.
Date: February 3, 2010
Creator: Elsea, Jennifer K. & Garcia, Michael J.
Item Type: Report

Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

Description: This report provides an overview of the early judicial developments and the establishment of Combatant Status Review Tribunals (CSRTs) procedures; summarizes selected court cases related to the detentions and the use of military commissions; and discusses the Detainee Treatment Act, as amended by the Military Commissions Act of 2006 and the Military Commissions Act of 2009, analyzing its effects on detainee-related litigation in federal court. The report summarizes the Supreme Court's decision in Boumediene invalidating Congress's efforts to revoke the courts' habeas jurisdiction, and discusses some remaining issues and subsequent developments.
Date: April 7, 2009
Creator: Elsea, Jennifer K. & Garcia, Michael J.
Item Type: Report