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34 UCLA J. Envtl. L. & Pol'y 1 (2016)
Critical Habitat's Limited Role under the Endangered Species Act and Its Improper Transformation into Recovery Habitat

handle is hein.journals/uclalp34 and id is 2 raw text is: Critical Habitat's Limited Role Under the Endangered Species Act and Its Improper Transformation into Recovery Habitat Norman D. James* and Thomas J Ward** ABSTRACT The Endangered Species Act (ESA) requires that areas be designated as critical habitat for species that are protected under the Act. Once designated, critical habitat is protected from destruction or adverse modification by Section 7(a)(2) of the ESA, which applies to any action authorized, funded, or carried out by a federal agency, including permits and other authorizations issued to private landowners and resource users. In 1978, Congress enacted extensive amendments to the ESA that were intended to limit the scope of critical habitat to areas essential for the survival of protected species. Based on these amendments, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service adopted regulations that recognized critical habitat's limited role in conserving species, including a definition of destruction or adverse modification that emphasized impacts to the protected species' survival. In * J.D. University of Utah College of Law; B.A. Stanford University. Mr. James is an attorney at Fennemore Craig, P.C., and specializes in environmental and natural resources law. ** J.D. Widener University Law School; B.S.M.E. University of Delaware. Mr. Ward is the Vice President, Legal Advocacy, of the National Association of Home Builders. © 2016 Norman D. James and Thomas J. Ward. All rights reserved.