Ep 92 — The Endangered Species Act at 50: Potent Statute, Risky Future

CleanLaw

The Endangered Species Act, which turned 50 years old on December 28, 2023, has been described as one of the most potent environmental law statutes ever enacted. Harvard Law Professor Richard Lazarus and Andy Mergen, director of the Harvard Law Emmett Environmental Law and Policy Clinic, discuss the initial bipartisan support for the act, the Supreme Court cases that shaped its implementation, and the success of the law in protecting numerous species. They also talk about how the Endangered Species Act could be improved and the risks that it may face in the future. Quotes “… I spent 33 years litigating the Endangered Species Act. As my colleagues who are still at the Department of Justice can attest, litigation in this space is often very frustrating. There are bad cases, there are bad outcomes, but I think by any measure, we ought to understand we should step back at this 50th anniversary and say congrats to that Congress, congrats to President Nixon. This is really a powerful statute.” —Andrew Mergen [39:19] “That’s the fabulous thing about this law. It’s not an anthropocentric law. It’s a biocentric law. It’s a law which recognizes the responsibility that humankind has to all species on our planet. So it’s not a law which is saying, ‘This is really important for the economy.’ No, it’s a law that’s saying, ‘This is important for our spirit, this is important for who we are.’” —Richard Lazarus [30:12] “So you need to have ways to actually have the statute provide incentives for private landowners to actually maintain the habitat, not view the statute as a threat to economic viability.” —Richard Lazarus [43:07] “When the wolves were put back onto the landscape in the greater Yellowstone ecosystem, the Nez Perce tribe played an important role in that. We now see with the California condor the Northern California tribes playing an important part in the re-establishment of those populations, and that is a plus and a really important part of the future of the act.” —Andrew Mergen [45:45] Transcript (PDF): http://eelp.law.harvard.edu/wp-content/uploads/CleanLaw-EP92.pdf