Taking the Pit Bull Off the Leash: Siccing the Endangered Species Act on Climate Change

Abstract

Environmentalists have been warning of catastrophic climate change for years, often getting only minimal attention from lawmakers and, until recently, the public. With the political climate still moving only incrementally, citizen groups and states may have a tactic in the Endangered Species Act to jumpstart the reduction of CO2 emissions. This Note examines the implications of a citizen suit to reduce emissions based on the section 9 "take" provisions of the Endangered Species Act. It examines Article III standing requirements alongside the citizen-suit provisions of the Endangered Species Act, and the possible existence of a nonjusticiable political question. The Note takes the position that such a suit could move forward successfully, given the right judicial circumstances.