The Embattled Social Utilities of the Endangered Species Act - A Noah Presumption and Caution Against Putting Gasmasks on the Canaries in the Coalmine

Abstract

The Endangered Species Act (ESA) is once again poised at the brink of what could become an illuminating national debate. The Act’s congressional reauthorization process is likely to provide the first major indicator of what the 105th Congress will or won’t do to environmental law generally. From the turbulent past and present of the ESA, this essay offers some reminders for the impending battles over the Act.