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7/14/2009 5:01:46 PM
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UCREFRP
UCREFRP Catalog Number
7749
Author
Kohm, K. A., ed.
Title
Editor
USFW Year
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USFW - Doc Type
1991
Copyright Material
YES
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58 REFLECTIONS ON THE ACT <br />owners do not own species. Indeed, the only landowners who <br />really possess and enjoy their land, in a deeper philosophical <br />sense, are those who respect the life that is native there. The only <br />people who really possess and enjoy their landscape, their coun- <br />try, are those with an adequate concern for fauna and flora. <br />Notes <br />The author thanks Linda McMahan, Faith Campbell, Bruce MacBryde, <br />Kathryn Kohm, and Paul Opler for critical comments. <br />1. TVA v. Hill, 437 U.S. 174, 184. <br />2. Endangered Species Act of 1973, Section 2(a) (16 U.S.C. §1531(a)). <br />3. See Endangered Species Act Amendments of 1978; Pub. L. 95-632, <br />92 Stat. 3751 (Nov. 10, 1978). <br />4. See Endangered Species Act Amendments of 1982; Pub. L. 97-304, <br />96 Stat. 1411 (Oct. 13, 1982). <br />5. This was formerly phrased as state ownership of wildlife, but that <br />concept has been subsumed under the state's power to regulate all <br />natural resources. This has developed as an expanding public trust <br />doctrine, first applied to navigable waters. "The cornerstone of <br />environmental law is the assertion that all of our national natural <br />resource treasures are held in trust for the full benefit, use and <br />enjoyment of all the people of the United States, not only of this <br />generation but of those generations yet unborn, subject only to <br />wise use by the current nominal titleholder.... The basic principle <br />underlying the Trust Doctrine is that 'There are things which be- <br />long to no one, and the use of which is common to all' " (Yannacone <br />and others, 1972, vol. 1, p. 11, citing Geer v. Connecticut, 1896). <br />6. Sedentary animals (barnacles and clams) are thought to belong to <br />property owners; many of these are marine, however, and owner- <br />ship in marine waters has been complex. <br />7. See Endangered Species Act Amendments of 1982; Pub. L. 97-304, <br />96 Stat. 1411. <br />8. See Endangered Species Act Amendments of 1988; Pub. L. 100-478 <br />§6, 102 Stat. 2306. <br />9. 244 Mich. 403, 417, 221 N.W. 322, 327. <br />10. Endangered Species Act of 1973, Section 3(14) (16 U.S.C. <br />§ 1532(19)). <br />11. See Endangered Species Aet Amendments of 1988; Pub. L. 100-478 <br />§6, 102 Stat. 2306. <br />
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