Blaine I. Green


In a political climate increasingly sensitive to the property owners' rights to be free from regulatory intrusions by the federal government, the Endangered Species Act (ESA) has become a popular symbolic target for property rights advocates. This Article suggests that the ESA is a far less significant threat to private property owners than is often supposed. First, the Supreme Court's takings jurisprudence protects property owners from excessive ESA enforcement by influencing the way in which environmental regulations are drafted and implemented. Second, the ESA itself contains provisions embodying the Fifth Amendment guarantee against uncompensated takings. The Article demonstrates that as the Court has become more willing to find regulatory takings in recent years, the ESA has been administered with increasing regard to the protection of private property.

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