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36 Ecology L. Currents 139 (2009)

handle is hein.journals/ecolwcur36 and id is 1 raw text is: Stopping the Conversation: Amended ESA Section 7 Regulations Put Species At Risk By Eric Biber and Cynthia Drew The Endangered Species Act (ESA) is the primary legal tool in the United States for the protection of biodiversity. Since its enactment in 1973, it has played a central role in efforts to halt the decline of native species throughout the country. Central to the ESA's regulatory structure is Section 7 of the Act, which requires federal agencies to consult with federal wildlife agencies to insure that their actions do not jeopardize the existence of species listed for protection under the Act, or adversely modify designated critical habitat for listed species. The outgoing Bush Administration proposed significant changes to the regulations implementing Section 7 of the Act on August 15, 2008.1 Those changes greatly reduce the scope of Section 7's application in two major ways. First, they reduce the analysis of federal actions pursuant to Section 7 by making it harder to connect federal actions to potential harm to listed species. Second, they give federal agencies the ability to determine whether their actions might harm listed species and accordingly whether Section 7 consultation should occur at all. Copyright 0 2009 by the Regents of the University of California. * Assistant Professor of Law, University of California, Berkeley, School of Law and Associate Professor of Law, University of Miami Law School. The professors involved in the drafting o1 the commcnts that arc the basis o1 the picce arc Hope Babcock (Gcorgctown University), Rebecca Bratspies (CUNY), Fred Cheever (University of Denver), Dan Farber (U.C. Berkclcy), Dale Goble (Univcrsity of Idaho), Mikc Harris (Univcrsity of Dcnver), Stcve Gold (Rutgers Univcrsity), Dave Owen (University o1 Mainc), Edward Lloyd (Columbia University), Andrew Long (Florida Coastal School of Law), James May (Widener University), Jocl Mintz (Nova Southeastcrn School o1 Law), Pat Parenteau (Vcrmont Law School), Zygmunt Plater (Boston Collcge School o1 Law), J.B. Ruhl (Florida State Univcrsity), Leah Russin (former fellow at Stanford University), and Steve Sheppard (University of Arkansas). The opinions cxpressed in this piecc are o1 the individual authors and participants alonc, and institutional affiliations are providcd for idcntification purposcs only. Karrigan B16rk, a student member of the environmental clinic at Stanford, was also significantly involved in the drafting process. Any errors or omissions in this summary piecc arc cntirely our own. 1. See 73 Fed. Reg. 47868, 47874 (Aug. 15, 2008).

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