Lowell E Baier

The Codex of the Endangered Species ACT

The First Fifty Years

• Gebundenes Buch

Produktbeschreibung

A comprehensive history that covers all aspects of America's most important and controversial environmental law. It describes the history of extinction, the creation of ESA, subsequent legislative, judicial, and political events, and contemporary challenges and opportunities for wildlife conservation.

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Produktdetails

• Verlag: Rowman & Littlefield Publishers
• Seitenzahl: 864
• Erscheinungstermin: 5. September 2023
• Englisch
• Abmessung: 256mm x 189mm x 54mm
• Gewicht: 1736g
• ISBN-13: 9781538112076
• ISBN-10: 1538112078
• Artikelnr.: 66396256

Autorenporträt

Lowell E. Baier is an attorney and a legal and environmental historian and author. He has worked in Washington, D.C. throughout his fifty-eight-year career as a tireless advocate for natural resources and wildlife conservation. Baier was recognized as the Conservationist of the Year by the National Fish and Wildlife Foundation in 2008, by Outdoor Life Magazine in 2010, and by the Association of Fish and Wildlife Agencies in 2013. In 2016, the National Wildlife Federation awarded him their highest honor, the Jay N. "Ding" Darling Conservation Award for a lifetime of conservation service. He is the author of numerous books, including Inside the Equal Access to Justice Act: Environmental Litigation and the Crippling Battle over America's Lands, Endangered Species, and Critical Habitats; Saving Species on Private Lands: Unlocking Incentives to Conserve Wildlife and Their Habitats; and Federalism, Preemption, and the Nationalization of American Wildlife Management: The Dynamic Balance Between State and Federal Authority. Baier lives in Bethesda, Maryland.

Inhaltsangabe

1. List of Illustrations
2. Guide to Acronyms and Terms
3. Foreword
4. Prologue: Peril and Promise
5. Dedication
6. Part I: The Evolution of the Endangered Species Act
7. Chapter 1: The Evolution of Wildlife Management and the Extinction Crisis
Prior to 1973
8. Wildlife in Early American History
9. Sportsmen Emerge as the Driving Force for Wildlife Conservation
10. Post-Civil War Views of Wildlife
11. Protective Actions After 1900
12. The Development of Professional Wildlife Management
* The Early Days
* The Leopold Era
* The American Game Policy of 1930
* Education, Funding, and Federal Aid
13. The Evolution Towards Wildlife Protection
14. Wildlife and Environmental Laws from the 1960s to Today
15. 1973: A Watershed Year for Wildlife Management
16. Chapter 2: The Creation of the Endangered Species Act - 1966, 1969 and 1973
* The Endangered Species Preservation Act of 1966
* The Endangered Species Conservation Act of 1969
* Endangered Species Legislation: 1971
* Endangered Species Legislation: 1972
* The House - 1972
* The Senate - 1972
* 1973 - The House
* 1973 - The Senate
* 1973 - Conference Committee and Final Approval
17. Chapter 3: Implementing the Endangered Species Act of 1973: 1974-1980
18. The Nixon Administration and Passage of the Endangered Species Act
19. The Ford Administration and Implementation of the Endangered Species Act
20. Regulating Threatened Species
21. Implementing Section 6: Cooperation with the States
22. The 1976 Scrimshaw Amendment
23. The Carter Administration and the End of the Environmental Consensus of the
1960s
24. Continuing to Implement the Endangered Species Act Under the Carter
Administration
25. The 1977 Section 6 Amendment and an Ominous Congressional Omission
26. The Infamous Tellico Dam and the Snail Darter
* Congress and the Tellico Dam
* The Endangered Species Committee
* Completing the Tellico Dam
27. Further Amendments in 1978
* Section 7 Consultation
* Listing Procedures and Critical Habitat
* Recovery Plans
* Other Significant Amendments in 1978
* Minor Amendments in 1978
28. 1979: Additional Minor Amendments to the Endangered Species Act
29. The Endangered Species Act at the End of the 1970s.
30. Chapter 4: The Endangered Species Act and the Reagan Administration:
Reversals and Progress: 1980-1988
31. The Reagan Revolution
32. The Reagan Administration in Action
33. The Endangered Species Act Under Reagan
34. 1982: A Second Major Amendment to the Endangered Species Act
35. New Statutory Deadlines for ESA Functions
36. Minor Amendments to Sections 4 and 6
37. Amendments to Section 7
38. New Provisions in 1982: Experimental Populations, Habitat Conservation
Plans and a Foundation for the Future
* Experimental Populations
* Habitat Conservation Plans
39. Endangered Species and International Trade: Implementation of the
Convention on International Trade in Endangered Species of Wild Fauna and
Flora
40. 1979-1982: CITES and the Bobcat Controversy
41. Fleshing out Endangered Species Act Regulations
42. New Tools for Conservation Under Reagan
43. The Reagan Administration and Management of Controversial Species
* Black-footed Ferrets and California Condors
* The Reagan Administration and Wolves
44. 1985-1986: Wolf and Predator Management Controversies in Congress
45. 1988: The Last Major Amendment to the ESA
* Provisions of the 1988 Amendment
46. The Endangered Species Act After Reagan
47. Chapter 5: The Northern Spotted Owl and the George H.W. Bush
Administration: 1986-1994
* The Northern Spotted Owl
* George H.W. Bush and Environmental Policy
* George H.W. Bush and the Endangered Species Act
* The Northern Spotted Owl and the Timber Wars
* The Timber Wars Continued - Managing Old-growth Forests and Spotted
Owls
* The Timber Wars Saga - Failures of Planning
* Partisanship, Radicalization, and Legislative Gridlock
* 1992: Failure to Reauthorize the Endangered Species Act
* The 1992 Presidential Election
* The Northwest Forest Plan
* The Legacy of the Spotted Owl
48. Chapter 6: The Clinton Administration: Partisanship and Partnership:
1992-2000
* The Clinton Administration and the Environment
* The Endangered Species Act on the Defensive in the 104th Congress
* The Clinton Administration on the Defensive
* Improving the Endangered Species Act: "No Surprises" For Habitat
Conservation Plans
* The Ten Point Plan
* Safe Harbor Agreements
* Candidate Conservation Agreements with Assurances
* The Policy for Evaluation of Conservation Efforts When Making Listing
Decisions
* Crisis in the Listing Program: The 1995-1996 Government Shutdown and
the Listing Moratorium
* The 1996 Presidential Election
* The Sweet Home Case
* Distinct Population Segments of Vertebrate Species
* The Clinton Administration and Wolves
* Improving Application of the Endangered Species Act
* The ESA in Congress in the Late 1990s
* The Endangered Species Act at the Turn of the Century
49. Chapter 7: Litigation and Collaboration: The George W. Bush Administration:
2000-2008
* The 2000 Presidential Election
* President George W. Bush and the Environment
* The Bush Administration's Conservative Approach to Environmental
Protection
* The Bush Administration and Forest Management
* Conserving Endangered Species Through Cooperation
* The Threatened and Endangered Species Recovery Act of 2005: Congress'
Most Serious Threat to the ESA
* Critical Habitat on Department of Defense Lands
* Controversy Surrounding Implementation of the Endangered Species Act
Under George W. Bush
* Listing Species Under the Endangered Species Act
* Delisting Gray Wolves
* The Greater Yellowstone Ecosystem Grizzly Bear
* Listing the Polar Bear
* The Endangered Species Act in Transition: A Retrospective of the Bush
Years
50. Chapter 8: Progress, Reversals, and Uncertainty: Obama, Trump, and Biden:
2008-2021
* The 2008 Presidential Election
* President Barack Obama, Congress, and the Environment
* The Obama Administration and the Endangered Species Act
* The Multidistrict Litigation and Listing and Delisting Species
* The Multidistrict Litigation Settlements and Collaborative
Conservation: The Lesser Prairie Chicken
* Facilitating Collaborative Conservation: The Greater Sage-Grouse
* Embracing Compensatory Mitigation
* The Future of the Greater Sage-Grouse
* Formalizing Species Status Assessments and Conserving Pollinators
* Improving the Listing Process
* The "Significant Portion of Its Range" Policy and Other Endangered
Species Act Issues
* The 2016 Presidential Election
* The Donald J. Trump Administration
* Environmental Policy Under Trump
* Revising Greater Sage-Grouse Management Plans
* Listing and Delisting Species
* Major Regulatory Changes to the ESA
* The 2020 Presidential Election
* The Biden Administration
* Biden Administration Appointees
* Biden's Wildlife Policies
* Fifty Years of Implementing the Endangered Species Act
51. Part II: Contemporary Issues of the Endangered Species Act
52. Chapter 9: Federalism and Preemption: The Nationalization of American
Wildlife Management and the Origins of State-Federal Tension Under the
Endangered Species Act
53. The Evolution of Federalism and Preemption
54. From the Mayflower Compact to the US Constitution, 1620-1787
55. Defining the New Government and the Separation of Powers: 1787-1835
56. Westward Expansion, the First Industrial Revolution, Dual Sovereignty, and
the Public Trust Doctrine: 1835-1861
57. The Civil War, Reconstruction, the Advent of the Second Industrial
Revolution, the Enduring Public Trust Doctrine, and State Ownership of
Wildlife: 1861-1896
58. America's Changing Culture: Market Hunting, the Lacey Act, the Migratory
Bird Treaty Act, and the Beginning of the Progressive Era: 1896-1910
59. The Ethos of the Industrial Revolution Drives the Progressive Movement into
America's Social Fabric and Laws: 1910-1919
60. Prohibition and Reform: The Emergence of the Administrative State:
1919-1933
61. The Great Depression, FDR's New Deal, and a "New" Supreme Court Overwhelms
States' Rights: 1933-1941
62. The Competing Ideologies that Characterized the Progressive Movement and
Beyond: 1890-1940
63. The Stone Court and the Development of the Presumption Against Preemption
in Rice: 1941-1946
64. The End of the State Wildlife Ownership Doctrine Following World War II:
1946-1969
65. The Burger Court - State Ownership of Wildlife Declared a Legal Fiction and
Anachronism: 1969-1986
66. The Rehnquist Court: A Continued Swing Towards Conservative Federalism and
Preemption: 1986-2005
67. The Roberts Court and the Development of Area-Specific Jurisprudence:
2005-2022
68. The Future of Federal Preemption of State Authority Over Wildlife, and the
Presumption Against Preemption Doctrine in Wildlife Cases
69. The Endangered Species Act of 1973 and Federalism: The Interpretation and
Application of Section 6
70. The Legislative History of Section 6 of the ESA
71. The House Bill - H.R. 37
* The States' Role under H.R. 37 as Introduced
* House Committee Debates and Amendments
72. The Senate Bill - S. 1983
* The States' Role Under S. 1983 as Introduced
* Senate Committee Debates and Amendments
73. Conference Reconciliation and Presidential Approval
74. The Erosion of the States' Cooperative Role
* 1975 Regulatory Interpretation of Section 6
* Section 6 ESA Amendments, 1976-1978
* The 1979 Regulatory Interpretation of Section 6
* Section 6 ESA Amendments, 1980 - 1982
* Section 6 ESA Amendments - 1988
* 1994 Section 6(a) Policy
* 2016 Section 6(a) Policy
75. Judicial Interpretation of Section 6
* Confusion over the Extent of the ESA's Preemption in 1992
* Alaska's Section 6(a) Claim
76. The Future of State and Federal Cooperation and Coordination under the
Endangered Species Act
77. Contemporary Challenges for Federalism and State-Federal Cooperation in
Wildlife Management
78. Funding Endangered Species Conservation: The Achilles Heel of the ESA
79. Chapter 10: The Constitutional Foundations of the Endangered Species Act
80. The Commerce Clause
* Principles Nos. 1, 2 and 3: The Substantial Effect, Economic
Principle, and Rational Basis Tests
* Principle No. 4: The De minimis and Aggregation Principle
* Principle No. 5: Habitat Modification/The Proximate Cause Test
* Principle No. 6: A Substantial Relationship to the National Interest
81. The Treaty Clause
82. The Spending Clause
83. The Property Clause
84. Chapter 11: Endangered Species Recovery and Delisting: Principles,
Application, and Obstacles: Part I - Definitions and State and Private
Programs
85. Recovery Under the Endangered Species Act
86. Standards for Recovery and Delisting
87. Early Recovery Planning and Legislative Amendments
88. Contents of a Recovery Plan
89. Recovery in the Courts
90. Case Study: Whooping Crane Recovery: Charting New Waters
91. State and Private Leadership in Recovery Plan Development and
Implementation
* Case Study: The Delmarva Fox Squirrel
* Case Study: The Kirtland's Warbler
* Case Study: Private Conservation Efforts: The Peregrine Falcon
* Case Study: The California Condor
92. Chapter 12: Endangered Species Recovery and Delisting: Principles,
Application, and Obstacles: Part II - Federal Programs, Accomplishments,
and Challenges
93. Recovery Efforts by Federal Agencies
94. National Wildlife Refuges
95. The National Park Service
96. The U.S. Forest Service and the Bureau of Land Management
97. The Department of Defense
* The Sikes Act
* Case Study: The Red-Cockaded Woodpecker
* Red-Cockaded Woodpeckers and the Department of Defense
* Additional Woodpecker Conservation Efforts
* The Readiness and Environmental Protection Integration Program
* The Sentinel Landscapes Program
98. The Record of Recovery Under the Endangered Species Act
99. Case Studies in Rapid Recovery
* Case Study: Bald Eagle
* Case Study: American Alligator
100. Post-Delisting Monitoring
101. Downlisting
102. Recovery Challenges: Inadequate Recovery Funding
* Case Study: Black-Footed Ferret
103. Recovery Challenges: Inadequate Data and Planning for Recovery
104. Recovery and Ecosystem Conservation
105. Recovery and Delisting of Conservation Reliant Species
106. Recent Progress and Future Prospects for Improvements to Recovery Planning
107. Reflections on Fifty Years of Recovery
108. Chapter 13: Collaborative Conservation: An Alternative to the Endangered
Species Act: Part I - Collaborative Conservation Across America
109. Collaborative Conservation Defined
110. Early Collaboration in Conservation
111. Tools of Collaborative Conservation
112. Legal Mechanisms of Collaborative Conservation
113. Farm Bill Funding for Collaborative Conservation
114. Programs and Resources for Landowners
115. Regulatory Certainty for Landowners Under the Endangered Species Act
116. Collaborative Conservation in the Malpai Borderlands Region
117. Collaborative Conservation and Grizzly Bear Recovery
118. The Blackfoot Challenge: Managing Human/Wildlife Conflicts Through
Partnership
119. The Louisiana Black Bear
* The Black Bear Conservation Committee
* Louisiana Black Bear Conservation
* Louisiana Black Bear Recovery
120. Innovative Approaches to Protecting Migration Corridors
121. Voluntary Conservation in Maine
* The Pingree Forest Partnership
* Katahdin Woods and Waters National Monument
122. The Atlantic Salmon
* The Downeast Salmon Federation
* The Downeast Lakes Land Trust
* The Penobscot River Restoration Trust
123. The Longleaf Forest
124. The Gopher Tortoise
125. Chapter 14: Collaborative Conservation: An Alternative to the Endangered
Species Act: Part II - Case Studies and Lessons Learned
126. Greater Sage-Grouse
* Beginnings of Greater Sage-Grouse Conservation
* Planning Greater Sage-Grouse Conservation
* Federal Land Management Planning and Greater Sage-Grouse
* The Greater Sage-Grouse and Partisan Politics
* The Natural Resources Conservation Service's Sage Grouse Initiative
* Other Sage-Grouse Conservation Programs
* Greater Sage-Grouse Conservation Success
* The Greater Sage-Grouse's Future
127. The Bi-State Sage-Grouse
128. The Gunnison Sage-Grouse
129. New England Cottontail
* The New England Cottontail Conservation Strategy
* New England Cottontail Conservation Partners
* New England Cottontail Results
130. Forging a Future of Collaboration: Conservation Without Conflict
131. Lessons of Collaborative Conservation
132. The Promise of Collaborative Conservation - A Roadmap for Our Future
133. Chapter 15: Wildlife Conservation and Biodiversity Fifty Years After the
Endangered Species Act
134. The Present Crises
135. The Role of the Endangered Species Act
136. Landscape-Scale Conservation
137. The Record of the Endangered Species Act: Successes and Limitations
138. People: The Missing Ingredient in Wildlife Conservation
139. The Endangered Species Act: Funding and Incentives
140. Improving the Endangered Species Act
* Accessing Funding
* Increasing Flexibility
* Enabling Partnerships
141. The Present Opportunity
142. Acknowledgements
143. Appendix 1: Federal Environmental and Consumer-Protection Statutes and
Agencies Established during the 1960s and 1970s Green Revolution
144. Appendix 2: The Endangered Species Act of 1973, As Enacted
145. Appendix 3: The Endangered Species Act of 1973, As Amended Today
146. Bibliography
147. Index