34 UCLA J. Envtl. L. & Pol'y 1 (2016)
Critical Habitat's Limited Role under the Endangered Species Act and Its Improper Transformation into Recovery Habitat

handle is hein.journals/uclalp34 and id is 2 raw text is: 







      Critical Habitat's Limited Role

  Under the Endangered Species Act

and Its Improper Transformation into

               Recovery Habitat


         Norman D. James* and Thomas J Ward**



                         ABSTRACT

  The Endangered Species Act (ESA) requires that areas be
designated as critical habitat for species that are protected under
the Act. Once designated, critical habitat is protected from
destruction or adverse modification by Section 7(a)(2) of the
ESA, which applies to any action authorized, funded, or carried
out by   a  federal agency, including   permits  and  other
authorizations issued to private landowners and resource users.
In 1978, Congress enacted extensive amendments to the ESA
that were intended to limit the scope of critical habitat to areas
essential for the survival of protected species. Based on these
amendments, the U.S. Fish and Wildlife Service and the
National Marine Fisheries Service adopted regulations that
recognized critical habitat's limited role in conserving species,
including a definition of destruction or adverse modification
that emphasized impacts to the protected species' survival. In

*  J.D. University of Utah College of Law; B.A. Stanford University. Mr.
James is an attorney at Fennemore Craig, P.C., and specializes in
environmental and natural resources law.
** J.D. Widener University Law School; B.S.M.E. University of Delaware. Mr.
Ward is the Vice President, Legal Advocacy, of the National Association of
Home Builders.

© 2016 Norman D. James and Thomas J. Ward. All rights reserved.

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