Endangered Species Act

To save a species from extinction, only a limited number of mechanisms are available through which to take appropriate action. A concerned person might write articles and books about the endangered plant or animal species; he or she might make speeches and lead demonstrations to move public opinion. A wealthy citizen might attempt to purchase the critical habitat of the species in question, thus guarding its place to live for all time. These types of initiatives can often be effective, and they frequently appear as part of a successful campaign to save an endangered species. But with the introduction of the Endangered Species Act (ESA) of 1973 into this rather meager mix of options for the conservationist, a powerful new tool became available: the lawsuit.

If law is a framework of rules and regulations that help guide the affairs of human beings, then endangered species law is a mechanism to, in effect, give wild plants and animals standing—a voice—within that framework. The advent of endangered species law was stimulated, and is still supported, by the direst of consequences: extinction. An endangered species is in danger of being eliminated from the biosphere. And for biological organisms, extinction is, of course, an irreversible condition. Extinction is forever.

In nature, extinction may occur over very prolonged, evolutionary time periods—a million years or more—or as the result of some sudden catastrophic event. As a new species of plant or animal adapts to the environment, changing genetically ever so gradually with each generation, it may outcompete and displace (drive to extinction) its predecessor. Fossils recovered from beneath the earth give a record of this ancient process of extinction and renewal. On a more abrupt time frame, extraordinary weather on a planetary scale, volcanic eruptions, earthquakes, and [Page 252]tsunamis can result in extinction of plants and animals. The notably sudden disappearance of the dinosaurs from the earth some 65 million years ago is now generally attributed to the earth being struck by a large asteroid. It is reasoned that the dust, water vapor, and other debris that would have followed this horrific collision would have been enough to darken the atmosphere of the entire planet, bringing on an endless winter in which the giant reptiles could not survive.

In modern times, species most often become at risk of extinction because of the acts of mankind. Specific causes of this risk fall into three general categories: overexploitation, such as excessive fishing, hunting, or harvesting; habitat destruction, including pollution of the environment; and exotic species introductions, leading to competitive exclusion of local biota by plants or animals from other continents. Often a specific entity, be it an industry, an agricultural scheme, a governmental agency, or even an individual, can be identified as being responsible for putting the species in danger. With endangered species laws in place, that entity can be challenged by another party, an environmental group, for example, and brought before a judge to have the risk to the species formally addressed. With the power of law, the threatening party must appear. Before the court, he or she is free to argue his or her side of the story: There is no guarantee how the court action will turn out. Either party might win the case. Indeed, today, if the laws are adhered to thoughtfully and if regulatory agencies are performing responsibly, legal interventions to save species—lawsuits—are not necessarily called for. Under the law, the plight of the endangered species must be weighed against the requirements of the human enterprise, and adjustments must be made in the plans to ensure survival of imperiled wildlife.

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