The Endangered Species Act and Federalism
Effective Conservation through Greater State Commitment
Edited by Kaush Arha, Barton H. Thompson Jr.
RFF Press – 2011 – 352 pages
States today play a major role in implementing and enforcing environmental laws such as the Clean Air Act, Clean Water Act, and the Resource Conservation and Recovery Act. A thirty year review of ESA identified state leadership in species conservation as a necessary element in better conserving the nation?s imperiled species, yet the theoretical and practical reasons and applications of an enhanced state role are little understood and have not been subjected to any meaningful analysis. This book, for the first time, presents the legal and policy analysis for federalism considerations in implementing ESA. The book undertakes a comprehensive analysis of the economic rationale for federalism in ESA administration; compares administration of ESA to other major environmental statutes; reviews various tools under the existing Act to enhance state role in species conservation; evaluates major case studies to determine roles the state can play in species conservation and recovery; and concludes with policy recommendations to encourage greater state involvement in species conservation.
PART I INTRODUCTION 1. Federalism under the Endangered Species Act PART II FRAMEWORKS 2. An Economic Perspective on Environmental Federalism: The Optimal Locus of Endangered Species Authority 3. Cooperative Federalism and the Endangered Species Act: A Comparative Assessment and Call for Change PART III OPPORTUNITIES FOR STATE & LOCAL INVOLVEMENT UNDER THE ESA 4. Listing Decisions, Conservation Agreements, and State-Federal Collaboration: A Litigation Perspective 5. The Evolution of Federalism under Section 6 of the Endangered Species Act 6. California's Natural Community Conservation Planning Program: Saving Species Habitat Amidst Rising Developing 7. Toward an Improved Federalism under the Endangered Species Act PART IV CASE STUDIES 8. The Karner Blue Butterfly: Wisconsin's Statewide Habitat Conservation Plan 9. The Red-Cockaded Woodpecker: Conservation Through Statewide Safe Harbor Agreements 10. Saving Salmo: Federalism and the Conservation of Maine's Atlantic Salmon 11. Oregon Coast Coho Restoration and the Endangered Species Act 12. Grizzly Bear Conservation in the Greater Yellowstone Ecosystem PART V CONCLUDING THOUGHTS 13. Toward Greater State and Local Commitment
Barton H. Thompson, Jr. is professor of law and director of the Woods Institute at Stanford University. Kaush Arha is concurrently a wildlife consultant to the Serengeti Research Institute and the governments of India and Mongolia. He remains affiliated with the Woods Institute at Stanford.