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44 REFLECTIONS ON THE ACT <br />how natural things are of value, not just what other humans <br />value. We have to ask whether animals, plants, species, and <br />ecosystems count morally. <br />The Endangered Species Act laments the lack of "adequate <br />concern" for vanishing species. But neither politicians, nor sci- <br />entists, nor ethicists have fully realized how developing this <br />concern requires an unprecedented mix of politics, biology, and <br />ethics. To some extent, an act forged in a pluralist democracy <br />needs only to recognize a consensus that we ought to save- endan- <br />gered species; it need not detail the reasons why, on which we <br />may not be agreed. Nevertheless, injunctions coupled with rea- <br />sons are more likely to succeed, especially if the injunctions are <br />prohibitive. As the act- takes on history, Congress, agencies, <br />courts, and citizens must think through the logic of an adequate <br />concern. In so doing, three areas are of primary concern: natural <br />values versus economic values, evolving concepts of private <br />property as they relate to endangered species, and distinguish- <br />ing moral concern for species from that for individuals. <br />NATURAL VALUES VS. NONECONOMIC VALUES <br />The Congress finds and declares that: <br />1. Various species of fish, wildlife, and plants in the United States <br />have been rendered extinct as a consequence of economic <br />growth and development untempered by adequate concern and <br />conservation. <br />2. Other species of fish, wildlife, and plants have been so depleted <br />in numbers that they are in danger of, or threatened with, <br />extinction. <br />3. These species of fish, wildlife, and plants are of esthetic, ecologi- <br />cal,educational, historical, recreational, and scientific value to <br />the Nation and its people.z <br />All three clauses contain value judgments mixed with facts. (1) <br />Extinction is a fact; inadequate concern is a value judgment. (2) <br />Danger of extinction is both a fact and a negative value. (3) Many <br />citizens value these species; that fact reports what such persons <br />value. Do the values defended in clause (3) supplement or consti- <br />tute the values in (1) and (2)? Clause (3) is integral to this act of <br />