Guide · Environmental

Wildlife, Fish, and Endangered Species: A Comprehensive Guide to Listings, Take, Permits, Migratory Birds, and Enforcement

16 U.S.C. § 1531

Type
Guide
Jurisdiction
National
Date
2024-03-09
Topic
Environmental

A working guide to wildlife and endangered species law for the lawyer advising a landowner, a project, or an advocate. Part one covers the statutory architecture and the decision that established the prohibition means what it says. Part two covers listing, critical habitat, and the economics that are excluded from one and permitted in the other. Part three covers take, the harm regulation, and the causal limit that decides enforcement disputes. Part four covers section 7 consultation, its sequence, and its two structural limits. Part five covers incidental take permits, habitat conservation plans, and voluntary conservation assurances. Part six covers the older strict-liability statutes. Part seven covers enforcement, citizen suits, and standing. Part eight covers practice by posture.

Wildlife, Fish, and Endangered Species: A Comprehensive Guide to Listings, Take, Permits, Migratory Birds, and Enforcement

Environmental > Wildlife, Fish, and Endangered Species | Published 9 March 2024 - Updated 18 August 2026 | UpLaw - uplaw.us

Orientation

Three propositions organize this field.

  1. The prohibition is real. Tennessee Valley Authority v. Hill, 437 U.S. 153 declined to read a balancing exception into a command that contained none, and no decision since has softened the core.
  2. The process is the answer. Permits, plans, and assurances exist precisely so lawful activity can continue.
  3. The older statutes are stricter and simpler, and they apply whether or not anything is listed.

The full text of this document is available to Executive subscribers and above. See plans.