Endangered Species Act Overview

Endangered Species Act

Tool type: Regulation. Identifies endangered or threatened plants and animals, ensuring no harm by private or government actions.

Species

Endangered: in danger of extinction. Threatened: likely to become endangered in the foreseeable future.

Taking

Defined as harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect. Includes 'incidental take' - unintentional but not unexpected.

Commerce Clause

Regulates interstate commerce. Authorizes ESA to protect species affecting commerce.

Critical Habitat

Identified by Secretary of Interior or Commerce. Includes land and water essential for species survival and recovery.

Habitat Conservation Plans

Allow limited 'take' of listed species in exchange for habitat protection. Mitigates harm through development permits.

Hybrid tool: ESA Habitat Conservation Plans

Added to ESA to address regulatory overreach. Allows limited 'take' in exchange for habitat protection measures.

Illinois Endangered Species Protection Act

Covers additional species in Illinois. Predates Federal ESA, similar components with penalties for 'take' of listed species.

Sage Grouse Case

Coordinated action by multiple states and agencies to conserve sage grouse habitat and avoid ESA listing.

Endangered Species Act Critiques

Focuses on individual species, lacks ecosystem protection. Reactive in designating critical habitat post-listing.