Critical Habitat’s Unique “Private Land Problem”

Introduction The two principal goals of the Endangered Species Act (ESA) are to protect imperiled species and encourage their recovery. Because habitat loss is the leading cause of species extinction,the statute provides for critical habitat to be designated for listed species. Such designations can encompass any habitat that is “essential for the conservation of the […]

When Does Critical Habitat Designation Benefit Species Recovery?

Introduction Critical habitat under the US Endangered Species Act (ESA) is one of the most controversial aspects of the law, leading to very polarized views about the utility of the tool for conservation and its socioeconomic effects on landowners. On the one hand, proposals to eliminate or severely curtail critical habitat designations usually ignore the […]

Endangered and Threatened Wildlife and Plants

On August 4, 2020, the Fish and Wildlife Service and the National Marine Fisheries Service (collectively referred to as the Services) proposed a rule to define “habitat” as used in the Endangered Species Act (ESA) of 1973. Authors Megan Jenkins and Jonathan Wood draw on their expertise and previous research in concluding that the proposed rule is likely to benefit both landowners and endangered species.

Net Metering in the States

How Electricity Markets Work Most consumers get their electricity from a utility, which is a regulated public or private entity that sells electricity to energy consumers. Historically, a utility owned, operated, and maintained electricity generation, transmission, and distribution systems, the physical infrastructure of which generally consists of generating stations, wires, poles, transformers, meters, and control […]