About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (July 16, 2003)

handle is hein.crs/crsaidw0001 and id is 1 raw text is: Order Code RS21500 Updated July 16, 2003 CRS Report for Congress Received through the CRS Web The Endangered Species Act (ESA), Sound Science, and the Courts Pamela Baldwin Legislative Attorney American Law Division Summary Decisions to list species under the Endangered Species Act (ESA) must rest only on the best available scientific data, and science plays a part in other important aspects of the Act. Yet many times the relevant science may be complex or incomplete. Recent situations involving economic and social conflicts over resources have resulted in a renewed focus on and criticism of how science is used under the ESA. This report reviews how some courts have regarded these issues. It will be updated as developments warrant. Background. The Endangered Species Act (ESA)1 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.' 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 Act' and on the use of science under it. All agree that ESA decisions should be based on sound science,6 but that phrase can mean different things to different people, and accusations of junk science have been vigorously exchanged. 1 P.L. 93-205, 87 Stat. 884, 16 U.S.C. §§1531 et seq. 2 Section 3(3), 16 U.S.C. §1532. ' 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). 6 For a complete discussion of the use of science in general and agency scientific standards in particular, see CRS Report RL31546: The Endangered Species Act and Science: the Case of Pacific Salmon. Congressional Research Service + The Library of Congress

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most