|
|
Article: The scope of federal authority under the Endangered Species Act: implications for local land use planning.
- Article from:
- Albany Law Review
- Article date:
- December 22, 2001
- Author:
CopyrightCOPYRIGHT 2001 Albany Law School. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
|
"[E]xamination of the language, history, and structure of the legislation ... indicates beyond doubt that Congress intended endangered species to be afforded the highest of priorities." (1)
INTRODUCTION
The federalization of land use controls (2) is largely a product of the environmental movement that accelerated in the 1970s and that resulted in many federal environmental laws effectively limiting the scope of local police powers. (3) One example of this is the Endangered Species Act (ESA). (4) Prior to the 1973 Act, protection for endangered species initially focused on federal agencies and federal lands, but when this proved insufficient the law was ...