The Supreme Court once billed the Endangered Species Act as “the most comprehensive legislation for the preservation of endangered species ever enacted by any nation.” Federal protections have been key to saving nearly 300 U.S. species — including the bald eagle, American alligator, and grizzly bear — from permanent extinction.
Each year, the U.S. Fish and Wildlife Service, which is primarily responsible for implementing the law, evaluates species and lists them as “endangered” or “threatened.” When federal activity or private development has the potential to harm a listed species or its habitat, project developers are required to consult with the Service or obtain a permit prior to construction.
For the last several decades, the interpretation of two words in particular — “take” and “harm” — have formed the backbone of the Nixon-era law. Its prohibition of “taking” an animal criminalized any attempts to “harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect” at... Read more
