The Endangered Species Act: Consideration of Economic Factors

Summary

The Endangered Species Act (ESA) provides for the listing and protection of species that are found to be “endangered” or “threatened” – species that might become extinct. The listing of a species as endangered triggers the prohibitions in the Act against “taking” (killing or harming) individuals of the protected species, unless a permit is obtained to take individuals incidental to an otherwise lawful proposed action, or an exemption for the proposed action is obtained. Unauthorized taking of a listed species can result in civil or criminal penalties. These prohibitions and potential penalties can affect various activities, including development and use of land, with attendant economic impacts.