Endangered Species Act (ESA, 1973)

1) Link to the Text of the Act
Read the statute (16 U.S.C. § 1531 et seq.)

2) Why It Was Done
The ESA was passed to protect species at risk of extinction and conserve the ecosystems upon which they depend. It was a response to growing concerns about biodiversity loss in the 20th century.

3) Pre-existing Law or Constitutional Rights
Earlier laws like the Endangered Species Preservation Act of 1966 and the Endangered Species Conservation Act of 1969 provided limited protections. The 1973 Act consolidated and strengthened federal authority.

4) Overreach or Proper Role?
Supporters see the ESA as a cornerstone of environmental protection. Critics argue it can block development, infringe on property rights, and impose high compliance costs on businesses and states.

5) Who or What It Controls

• Federal agencies (must ensure their actions do not jeopardize endangered species)
• Private landowners and businesses (prohibited from harming protected species or habitats)
• States (cooperate in species management and recovery programs)

6) Key Sections / Citations

• 16 U.S.C. § 1533: Listing of endangered and threatened species
• 16 U.S.C. § 1536: Federal agency consultation requirements
• 16 U.S.C. § 1538: Prohibited acts (including “taking” of listed species)
• 16 U.S.C. § 1540: Penalties and enforcement

7) Recent Changes or Live Controversies

• Periodic political battles over delisting species (e.g., wolves, grizzly bears)
• Trump-era rules (2019) weakened protections; Biden administration has moved to restore them
• Ongoing debates about balancing conservation with economic development and energy projects

8) Official Sources

• U.S. Code – Title 16, Chapter 35
• U.S. Fish & Wildlife Service – ESA Overview
• NOAA Fisheries – Endangered Species Act

• Environment
• Wildlife
• Conservation
• Federal Agencies
• States