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13 J. Transnat'l L. & Pol'y 447 (2003-2004)
The Dam Controversy: Does the Endangered Species Act Apply Internationally to Protect Foreign Species Harmed by Dams on the Colorado River

handle is hein.journals/jtrnlwp13 and id is 453 raw text is: THE DAM CONTROVERSY: DOES THE ENDANGERED SPECIES ACT APPLY INTERNATIONALLY TO PROTECT FOREIGN SPECIES HARMED BY DAMS ON THE COLORADO RIVER? BRIDGET KELLOGG* Table of Contents I. INTRODUCTION .................................. 447 II. BACKGROUND .................................... 449 A. The Colorado River Environment Before Dams ..... 450 B. The Authorization of Dams on the Colorado River... 450 C. The Effect of Dams on the Rio Colorado Delta ...... 453 III LEGAL CONTEXT ................................. 455 A. Duties of the Federal Government under the ESA ... 456 B. Duties of the Federal Government under the Treaty with Mexico ............................ 463 IV. CASE STUDY OF THE TOTOABA ...................... 465 A. Effect of Dams on Totoaba Habitat ............... 465 B. Effect of Habitat Degradation on the Totoaba ...... 466 C. Application of the ESA to Foreign Species of Totoaba ..................................... 467 V. CONCLUSION .................................... 471 I. INTRODUCTION** Today, thousands of species face the danger of extinction. As the global community continues to develop, that risk, for many species, is quickly becoming a reality. Recognizing this threat, the United States enacted the Endangered Species Act (ESA) to protect plants and animals from further habitat destruction. However, this act is not being extended beyond the United States' border to protect endangered species in Mexico. As a result, species are dying from the harmful effects of dams operated on American soil. Instead of dealing with this problem on an international level, America is * Bridget Kellogg is a recent graduate of The Florida State University College of Law's Land Use & Environmental Law Certificate Program. Bridget served as the Associate Editor and Research Editor of the Journal of Land Use & Environmental Law, and as the Writing and Research Editor for the Journal of Transnational Law & Policy. ** Special thanks to Professor J.B. Ruhl for his expertise regarding the Endangered Species Act, and to Evan Smitha for the concept.

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