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https://doi.org/10.31228/osf.i...
Article . 2020 . Peer-reviewed
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Defining Habitat to Promote Conservation Under the Endangered Species Act

Authors: Evansen, Meg; Miller, Jennifer; Rylander, Jason; Malcom, Jacob;

Defining Habitat to Promote Conservation Under the Endangered Species Act

Abstract

The Supreme Court in Weyerhaeuser Co. v. United States Fish and Wildlife Service ruled that “critical habitat” under the Endangered Species Act (ESA) must first be “habitat,” but it did not attempt to define exactly what habitat is or how much deference the federal wildlife agencies should get on what is both a biological and policy question. The Court also sidestepped whether currently unoccupied habitat must in fact be “habitable” at the time of designation as critical habitat. The task of defining “habitat” now falls to the ESA’s implementing agencies or to Congress. How habitat is ultimately defined has serious implications for species conservation. In the wake of recent reports on the accelerating loss of biodiversity in the United States and across the globe due largely to habitat loss, how and where we protect habitat is vital to preventing extinction and ensuring the long-term security of species. A definition that is too narrow and excludes degraded but restorable habitat, or areas that are likely to become habitat in the foreseeable future, could leave areas essential to species recovery unprotected. It is, however, possible to define habitat in a way that is consistent with the intent of the ESA, reflects the best available science, is operationally workable, and also broad enough to account for species’ needs. This paper proposes such a definition.

Keywords

LawArXiv|Law|Land Use Law, LawArXiv|Law|Environmental Law, LawArXiv|Law|Supreme Court of the United States, bepress|Law|Animal Law, LawArXiv|Law|Other Law, bepress|Law|Land Use Law, LawArXiv|Law|Animal Law, LawArXiv|Law, bepress|Law|Environmental Law, bepress|Law|Other Law, bepress|Law, bepress|Law|Supreme Court of the United States

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Related to Research communities
Italian National Biodiversity Future Center