AN EMPIRICAL ASSESSMENT OF THE IMPACT OF CRITICAL HABITAT LITIGATION ON THE ADMINISTRATION OF THE ENDANGERED SPECIES ACT

patrick parenteau, Vermont Law School

Abstract

As Congress considers amendments to the Endangered Species Act of 1973 (ESA), one of the most contentious issues to be resolved involves the designation of critical habitat for listed species. At this point, the first wave of critical habitat lawsuits filed by environmental groups has essentially run its course, and has been replaced by a second emergent wave of industry lawsuits seeking to rescind critical habitat designations.