Is habitat modification that kills or injures endangered wildlife a prohibited taking under the Endangered Species Act?

Article Abstract:

The District of Columbia Circuit Court decision in Sweet Home Chapter of Communities for a Great Oregon v. Babbitt (Sweet Home III) should be reversed and the Fish and Wildlife regulation that was at issue should be affirmed. The regulation concerned whether habitat modification should be considered 'harm' under the Endangered Species Act. The court was concerned that the regulation would make any habitat modification per se a violation, but the regulation specifies that the modification must significantly impair an endangered species' essential behavioral patterns. Deference should be granted to the agency's interpretation according to the Chevron standard.

Habitat (Ecology), Habitat modification, Spotted owl, Spotted owls

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Federal agency management plans are 'ongoing' actions under Endangered Species Act's section 7

Article Abstract:

The US Court of Appeals for the 9th Circuit ruled in Pacific Rivers Council v. Thomas that federal land and resource management plans (LRMPs) started before endangered species are listed by the Environmental Protection Agency (EPA) are subject to Endangered Species Act section 7 consultation. This is consistent with the Supreme Court's ruling in Tennessee Valley Authority v. Hill. EPA consultation on LRMPs and not just amendments or individual parts is necessary to avoid irreversible damage to habitats.

Administrative procedure, Case Note, Public lands

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The WTO Panel decision on the U.S. shrimp embargo: another ruling against U.S. enforcement of species protection in trade

Article Abstract:

The author discusses the impact of a WTO Panel ruling that the US shrimp embargo violated the General Agreement of Tariffs and Trade, on the survival of the sea turtle. Topics include the conflict between US sovereign environmental law and GATT, and suggested means of resolving the conflict.

United States, International, Interpretation and construction, World Trade Organization, Protection and preservation, Powers and duties, Environmental law, Sea turtles, Shrimping

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