Shannon Petersen has written a political and legal history of the Endangered Species Act that explains how and why this piece of legislation has become so controversial: a law hailed by many as one of the most intelligent ever written, reviled by as many as an ill-conceived impediment to progress. Others have recorded the ESA's relationship to the emergence of modern environmentalism; Petersen now addresses the legal history of the Act, showing how the courts created a far more powerful law than Congress originally envisioned and profoundly influenced environmental policy during the last decades of the twentieth century.
Acting for Endangered Species demonstrates that litigation and judicial decision-making have played a far more important role in shaping the modern environmental movement than has been previously thought. It focuses on two major controversies that developed over the implementation of the Act: a Supreme Court–-ordered delay in dam construction when a fish called the snail darter was declared endangered and a threat to logging in the Northwest in the interest of saving the spotted owl. In reviewing these seminal cases, Petersen demonstrates the complex interplay among government, science, environmentalism, and natural resource industries in shaping endangered species policy in America.
The ESA is now over a quarter-century old and remains the broadest and most powerful law in the world for the protection of species; yet, as Petersen observes, it remains unclear whether the law has been successful. Acting for Endangered Species is a story of strategic lawsuits, broad judicial interpretations, and administrative retrenchment that have left the ESA itself on the brink of extinction, and it demonstrates the extent of environmental policy dilemmas in America today.
This book is part of the Development of Western Resources series.
