Article · Environmental

The Animal That Stopped the Bulldozer: How Wildlife Law Actually Works

16 U.S.C. § 1531

Type
Article
Jurisdiction
National
Date
2024-04-15
Topic
Environmental

A statute passed almost unanimously in 1973 turned out to be the most powerful environmental law in the country, and almost nobody who voted for it understood what they had done. This article explains how wildlife law actually works. It covers the listing decision that must ignore economics and the habitat designation that may not, the definition of take that reaches habitat modification and the case that upheld it, the consultation requirement that gives one agency a veto over every other, the permitting path that makes development possible, and the older statutes that impose strict liability without any of the modern process. It ends with what a landowner, a developer, and an advocate should each actually do.

The Animal That Stopped the Bulldozer: How Wildlife Law Actually Works

Environmental > Wildlife, Fish, and Endangered Species | Published 15 April 2024 - Updated 26 June 2026 | UpLaw - uplaw.us

A statute nobody read carefully

In 1973 Congress passed the Endangered Species Act by overwhelming margins. The debate was brief, the opposition minimal, and the general understanding was that the country was expressing a preference for eagles and whales.

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