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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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64 REFLECTIONS ON THE ACT <br />public mindset and the beginning of a new era in relations <br />between Americans and the supposedly lesser orders. <br />While the ESA can be justified on practical economic grounds <br />to an extent, simple utilitarian justifications miss the point. The <br />people and their Congress, by instituting legal protection for <br />declining wildlife species, evinced an almost religious reverence <br />for the sanctity of life in all its forms. In 1918, Congress acted to <br />protect birds because they sang prettily;3 in 1940, Congress <br />singled out the bald eagle for preservation as the living national <br />symbol4 By 1973, Congress had dispensed with species-by- <br />species evaluations of good and bad in terms of value to Homo <br />sapiens. It simply said that all fauna and flora species of what- <br />ever utility were entitled to continued existence. <br />As law, the ESA is even more radical than the philosophy it <br />embodies. Statutes allocating or protecting natural resources <br />traditionally have been imprecise and flexible.s They typically <br />turn over a perceived problem to an administrative entity and <br />instruct it only to go and regulate in the public interest.6 The <br />ESA, by contrast, is relatively precise and absolute. When its <br />provisions are triggered, the answer usually is clear, and the <br />federal offices and agencies must overcome their propensities to <br />factor in economics, politics, and like considerations. In this <br />respect, endangered species law is unique in public natural re- <br />sources law.' <br />THE ESA ON THE FEDERAL PUBLIC LANDS <br />Federal public lands are a critical arena for testing the success of <br />the Endangered Species Act $ Even excluding lands used for <br />military and governmental purposes, the United States still <br />owns nearly a third of the nation's entire surface area-more <br />than 700 million acres of mostly undeveloped land. As one might <br />expect, the federal holdings often provide the best (and some- <br />times the last) habitat for wildlife species in danger of extinc- <br />tion. (See Swanson, 1978, p. 428.) <br />The federal public lands not used for normal governmental <br />purposes such as post offices and courthouses are in the charge <br />of four separate land management agencies, each of which has a <br />somewhat different attitude toward wildlife preservation. The <br />
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