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1 (July 16, 2002)

handle is hein.crs/crsmthabbfa0001 and id is 1 raw text is: 
Order Code  RS21264
        July 16, 2002


The Endangered Species Act

      and Sound Science

               Pamela   Baldwin
               Legislative Attorney
            American  Law  Division

                M. Lynne  Corn
    Specialist in Natural Resources Policy
  Resources,  Science, and  Industry Division


Summary


     The Endangered Species Act is a strong statute enacted to save and recover
 dwindling species. Decisions to list species are to rest only on the best available
 scientific data, and science plays a part in other important aspects of the Act. Yet many
 times the best available science may be sketchy. Recent situations involving economic
 and social conflicts over resources have resulted in a renewed focus on the use of
 science under the ESA and several proposals are before Congress. This report provides
 background on the issues and will be updated as circumstances warrant.

    The Endangered Species Act (ESA)l was enacted to conserve listed species - to
bring them to the point where they do not need the special protections of the Act2 - and
to protect the ecosystems of which dwindling species are a part.3 Dwindling species often
reflect endangered resources or ecosystems. Recent situations4 in which there have been
economic and social disruptions as a result of listings under the ESA have resulted in a
renewed focus on the protective posture of the Act5 and on the use of science under it. All
agree that ESA decisions should be based on sound science, but that phrase can mean
different things to different people.


1 Pub. L. No. 93-205, 87 Stat. 884, 16 U.S.C. §§1531 et seq.
2 Section 3(3), 16 U.S.C. §1532.

3 Section 2(b), 16 U.S.C. §1531(b).
4 See, e.g. CRS Report RL31098, Klamath River Basin Issues: An Overview of Water Use
Conflicts, which discusses the conflicts over water use in that area.
5 See Tennessee Valley Authority v. Hill, 437 U.S. 153 (1978).


Congressional  Research  Service +  The Library of Congress


CRS Report for Congress

             Received through the CRS Web

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