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S1~IAIL DARTERS AND PORK BARRELS <br />REVISITED: REFLECTIOI~IS ON <br />ENDANGERED SPECIES AI~TD <br />LAl~TD USE Il~T AMERICA <br />by <br />GEORGE CAMERON COGGINS <br />TxE TITLE of Txis Essay derives from an article on endangered <br />species and land-use conflicts that a former student and I wrote <br />in 1981. After describing the statute-and surveying the cases, we <br />ambiguously concluded: <br />The preservation of species facing extinction takes precedence <br />over all other considerations until such time as the [Endangered <br />Species Committee] or Congress declares otherwise. <br />Given the present and probable future numbers of listed species, <br />the flexibility and uncertainties in the listing and designation <br />processes, the degree of human commitment to either preserva- <br />tion or projects, and the nearly infinite number of instances in <br />which conflicts can occur, matters surely are not as simple as the <br />preceding sentence indicates. The Endangered Species Committee <br />will grant exemptions. The Fish and Wildlife Service and the Na- <br />tional Marine Fisheries Service will refuse to list or to issue nega- <br />tivebiological opinions. Environmental organizations will neglect <br />to sue. Courts will seek equitable solutions in spite of 7'VA v. Hill. <br />Other perceived needs ...will take precedence. Nevertheless, en- <br />dangered species protection will be a significant influence on land <br />62 <br />