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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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