The Endangered Species Act (ESA) is a polarizing statute that imposes seemingly uncompromising mandates. It strictly prohibits activities that degrade habitat in a way that significantly impairs the ability of protected animals to survive and thrive. The ESA mandates appear inflexible, impeding collaboration between and among regulators and stakeholders.
Yet, contrary to this conventional wisdom, a newly published analysis shows that ESA implementation embraces conservation collaborations. Rather than simply applying or waiving prohibitions on habitat-impairing actions, many ESA rules incorporate public-private plans or best-management practices that focus on the key threats to species at greatest risk of extinction.
All the animals listed under the law because of climate change are subject to special rules that allow federal agencies to tailor protections. This flexibility prompts land managers to work together with federal agencies, crafting restrictions that reward conservation and limit draconian penalties to the most serious harms.
For instance, it would be practically impossible to detect harm from agricultural activities, such as plowing, to California's Mazama pocket gophers nestled in their burrows. But a tailored rule shields from liability any "accepted agricultural or horticultural (farming) practices" as long as soil disturbance does not penetrate deeper than a foot. That provides a clear standard for both farmers and regulators to track and allows agricultural activities to coexist with species recovery.
https://thehill-com.cdn.ampproject....s-rules-not-enough-to-prevent-extinctions?amp
Yet, contrary to this conventional wisdom, a newly published analysis shows that ESA implementation embraces conservation collaborations. Rather than simply applying or waiving prohibitions on habitat-impairing actions, many ESA rules incorporate public-private plans or best-management practices that focus on the key threats to species at greatest risk of extinction.
All the animals listed under the law because of climate change are subject to special rules that allow federal agencies to tailor protections. This flexibility prompts land managers to work together with federal agencies, crafting restrictions that reward conservation and limit draconian penalties to the most serious harms.
For instance, it would be practically impossible to detect harm from agricultural activities, such as plowing, to California's Mazama pocket gophers nestled in their burrows. But a tailored rule shields from liability any "accepted agricultural or horticultural (farming) practices" as long as soil disturbance does not penetrate deeper than a foot. That provides a clear standard for both farmers and regulators to track and allows agricultural activities to coexist with species recovery.
https://thehill-com.cdn.ampproject....s-rules-not-enough-to-prevent-extinctions?amp