It is increasingly clear that Congress will amend the Endangered Species Act. For one thing, property rights groups, who are important constituents of the new Republican Congress, are outraged at the power the Act gives federal agents to control landowners' use of their property. For another, the...
The conflict between the fact of scarcity and the apparent ability of the Fish and Wildlife Service to disregard limits is the underlying problem with the Act. Until that conflict is resolved, the ESA will not work effectively to save species.