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Codex of the Endangered Species Act: The First Fifty Years, Volume I [Kõva köide]

  • Formaat: Hardback, 864 pages, kõrgus x laius x paksus: 263x189x55 mm, kaal: 1710 g, 138 b/w illustrations; 11 tables
  • Sari: The Codex of the Endangered Species Act
  • Ilmumisaeg: 05-Sep-2023
  • Kirjastus: Rowman & Littlefield
  • ISBN-10: 1538112078
  • ISBN-13: 9781538112076
  • Formaat: Hardback, 864 pages, kõrgus x laius x paksus: 263x189x55 mm, kaal: 1710 g, 138 b/w illustrations; 11 tables
  • Sari: The Codex of the Endangered Species Act
  • Ilmumisaeg: 05-Sep-2023
  • Kirjastus: Rowman & Littlefield
  • ISBN-10: 1538112078
  • ISBN-13: 9781538112076
The Endangered Species Act of 1973 (ESA) is one of the most cherished and reviled laws ever passed. It mandates protection and preservation of all the nations species and biodiversity, whatever the cost. It has been a lightning rod for controversy and conflicts between industry/business and environmentalists. The year 2023 marks the 50th anniversary of this law, and provides an opportunity for a measured and thorough evaluation thereof. We cannot know todays challenges and opportunities without understanding their histories. This book is the most comprehensive history of the ESA ever published, and the first to consider the entire history of the law from all angles in a single volume. The history of the ESA has been one of increasing impact, complexity, and controversy. In 1978, the Supreme Court declared that Congress intended for the U.S. government to save all species at any cost, and thereafter application of the ESA became steadily more controversial, as seen in the example of the northern spotted owl and the timber wars in the Pacific Northwest in the late 1980s and early 90s, and then everywhere as the ESA became a political football in the highly partisan environment of the late 1990s and amendments to the law ceased. This book is not only a history, but a call to action. It will take more conservation, more funding, and more innovative solutions if we are to save our wildlife and biodiversity. It will take the engagement to every American to muster the collective will to meet this challenge. The hope of this book is that we will be able to look back and say that we accomplished more in the second 50 years of the ESA than we did in the first.

Arvustused

Baier offers thorough, richly illustrated accounts of crises of conservation throughout American history, from the bison to the bald eagle, and up-close surveys of what it took to get the law (and its less-sweeping predecessors) passed, implemented, and on-occasion amended. Original interviews supplement a wealth of sources as Baier pays welcome attention to the shifting cultural and political contexts of the last 50 years, from surprises like Hardship Safaris game hunters took to bag endangered game before the law went into effect, to the continuing conflicts between developers and endangered species that have fueled outrage and litigation ever since: the snail darter fish, the spotted owl, and wolves, among others. Baiers history will appeal to readers of environmental and policy history, of course, but its sweep, depth, authority, clarity, and engaging prose mean it should likewise command the attention of anyone eager to understand contemporary America itself, especially the complex question of what the nation values. Case studies and a federalist road map for the future"smaller stick, a larger carrot, and a more balanced endangered species programis as illuminating as the narrative history. * Publishers Weekly: Booklife * This exhaustive book ably captures all the twists and turns in the development and enforcement of the ESA, up to and including the Biden administration. It features numerous citations, photos, and court cases, as well as appendices and an extensive bibliography. Overall, this is a measured look at what the ESA means for the country and effectively shows how it came to its current state. A lengthy but thorough investigation of a long-debated American law. * Kirkus Reviews * With the finesse of General Ulysses S. Grant moving pieces across battlefield maps, legendary conservationist Lowell Baier has ably recounted how the Endangered Species Act of 1973 became the law of the land in this exemplary book. . . Baiers book is not only a chronological history but a clarion call to action. It will take the engagement of every American to muster the collective will to save our wildlife resources in perpetuity. -- Douglas Brinkley, CNN Presidential Historian, professor of History, Rice University, author of Silent Spring Revolution: John F. Kennedy, Rachel Carson, Lyndon Johnson, Richard Nixon, and the Great Environmental Awakening When I served as Deputy Solicitor of the Department of the Interior, I sat down and read the entire legislative history of the Endangered Species Act to prepare to address a matter. I wish I had this wonderful work within my grasp at that time. This series is a great baseline for someone looking to learn more about the ESA or for old hands looking to reminisce and think about the future. A great read. -- David L. Bernhardt, Secretary of the Interior (2019-2021) The impeccable writing and extensive research of Lowell Baiers latest book, Codex, provides yet another history of a law few understand, yet is the most celebrated, and condemned, of all environmental laws. The story of the Endangered Species Acts 50 year history, based on original sources and first-hand accounts, is a major contribution to conservation history. Its a book of epic proportion articulated in a straight forward style that emphasizes collaboration over conflict in the application and administration of the Endangered Species Act. Lowells Codex will provide the definitive reference guide for decades to come. -- Dirk A. Kempthorne, Secretary of the Interior (2006-2009), Governor of Idaho (1999-2006), U.S. Senator (1993-1999) Baiers Codexof the Endangered Species Act is a sorely needed history of this incredibly important act. It strips away much of the disinformation about the Endangered Species Act that has materially harmed the nations ability to have a civil discourse about the act. Using it as a guide, we should be able to relearn how to collaborate and reach common goals for all us. -- Theodore Roosevelt, Honorary Chair, League of Conservation Voters and Governing Council, The Wildlife Society Lowell Baiers account of the Endangered Species Act its origins, implementation, and prospects for the future is expansive in scope and rich in detail. It is a vital addition to the growing literature on this cornerstone environmental law. -- Michael J. Bean, Deputy Assistant for Fish and Wildlife and Parks, Department of the Interior (2009-2017), Author of The Evolution of National Wildlife Law and Melvilles Mistake: Essays in Defense of the Natural World The Endangered Species Act is one of the most powerful laws in the United States and has evoked gladiatorial conflict in the management of natural resources. Lowell Baier has magnificently captured the original intent, challenges and evolution through its 50-year history. -- H. Dale Hall, Director, U.S. Fish and Wildlife Services (2005-2009), Author of COMPELLED Lowell Baiers comprehensive and well researched treatise is a masterful disassembling of the Goridan knot known as the Endangered Species Act. This book is a must read for students, administrators, academicians, attorneys, and anyone who tries to navigate the complexities of the Endangered Species Act. Lowells conversations with those who were directly involved with the development and evolution of the ESA lend a behind the scenes view of one of the most misunderstood and impactful statues of our generation. It provides a powerful explanation of an approach to sustain the worlds biodiversity. -- Steve Williams, President, Wildlife Management Institute (2005-2023), Director, U.S. Fish and Wildlife Service (2002-2005)

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Winner of Foreword Indie Awards Finalist 2023 and Foreward Indie Awards Finalist 2023 and Most Likely to Save the Planet category 2024 and Benjamin Franklin Award - Silver Winner in Politics & Current Events 2024 and Benjamin Franklin Award - Silver Winner in Nature & Environment 2024.
List of IllustrationsGuide to Acronyms and TermsForewordPrologue: Peril
and PromiseDedicationPart I: The Evolution of the Endangered Species
ActChapter 1: The Evolution of Wildlife Management and the Extinction Crisis
Prior to 1973Wildlife in Early American HistorySportsmen Emerge as the
Driving Force for Wildlife ConservationPost-Civil War Views of
WildlifeProtective Actions After 1900The Development of Professional Wildlife
ManagementThe Early DaysThe Leopold EraThe American Game Policy of
1930Education, Funding, and Federal AidThe Evolution Towards Wildlife
ProtectionWildlife and Environmental Laws from the 1960s to Today1973: A
Watershed Year for Wildlife ManagementChapter 2: The Creation of the
Endangered Species Act 1966, 1969 and 1973The Endangered Species
Preservation Act of 1966The Endangered Species Conservation Act of
1969Endangered Species Legislation: 1971Endangered Species Legislation:
1972The House 1972The Senate 19721973 The House1973 The Senate1973
Conference Committee and Final ApprovalChapter 3: Implementing the Endangered
Species Act of 1973: 19741980The Nixon Administration and Passage of the
Endangered Species ActThe Ford Administration and Implementation of the
Endangered Species ActRegulating Threatened SpeciesImplementing Section 6:
Cooperation with the StatesThe 1976 Scrimshaw AmendmentThe Carter
Administration and the End of the Environmental Consensus of the
1960sContinuing to Implement the Endangered Species Act Under the Carter
AdministrationThe 1977 Section 6 Amendment and an Ominous Congressional
OmissionThe Infamous Tellico Dam and the Snail DarterCongress and the Tellico
DamThe Endangered Species CommitteeCompleting the Tellico DamFurther
Amendments in 1978Section 7 ConsultationListing Procedures and Critical
HabitatRecovery PlansOther Significant Amendments in 1978Minor Amendments in
19781979: Additional Minor Amendments to the Endangered Species ActThe
Endangered Species Act at the End of the 1970s.Chapter 4: The Endangered
Species Act and the Reagan Administration: Reversals and Progress:
1980-1988The Reagan RevolutionThe Reagan Administration in ActionThe
Endangered Species Act Under Reagan1982: A Second Major Amendment to the
Endangered Species ActNew Statutory Deadlines for ESA FunctionsMinor
Amendments to Sections 4 and 6Amendments to Section 7New Provisions in 1982:
Experimental Populations, Habitat Conservation Plans and a Foundation for the
FutureExperimental PopulationsHabitat Conservation PlansEndangered Species
and International Trade: Implementation of the Convention on International
Trade in Endangered Species of Wild Fauna and Flora1979-1982: CITES and the
Bobcat ControversyFleshing out Endangered Species Act RegulationsNew Tools
for Conservation Under ReaganThe Reagan Administration and Management of
Controversial SpeciesBlack-footed Ferrets and California CondorsThe Reagan
Administration and Wolves1985-1986: Wolf and Predator Management
Controversies in Congress1988: The Last Major Amendment to the ESAProvisions
of the 1988 AmendmentThe Endangered Species Act After ReaganChapter 5: The
Northern Spotted Owl and the George H.W. Bush Administration: 1986-1994The
Northern Spotted OwlGeorge H.W. Bush and Environmental PolicyGeorge H.W. Bush
and the Endangered Species ActThe Northern Spotted Owl and the Timber WarsThe
Timber Wars Continued Managing Old-growth Forests and Spotted OwlsThe
Timber Wars Saga Failures of PlanningPartisanship, Radicalization, and
Legislative Gridlock1992: Failure to Reauthorize the Endangered Species
ActThe 1992 Presidential ElectionThe Northwest Forest PlanThe Legacy of the
Spotted OwlChapter 6: The Clinton Administration: Partisanship and
Partnership: 1992-2000The Clinton Administration and the EnvironmentThe
Endangered Species Act on the Defensive in the 104th CongressThe Clinton
Administration on the DefensiveImproving the Endangered Species Act: No
Surprises For Habitat Conservation PlansThe Ten Point PlanSafe Harbor
AgreementsCandidate Conservation Agreements with AssurancesThe Policy for
Evaluation of Conservation Efforts When Making Listing DecisionsCrisis in the
Listing Program: The 1995-1996 Government Shutdown and the Listing
MoratoriumThe 1996 Presidential ElectionThe Sweet Home CaseDistinct
Population Segments of Vertebrate SpeciesThe Clinton Administration and
WolvesImproving Application of the Endangered Species ActThe ESA in Congress
in the Late 1990sThe Endangered Species Act at the Turn of the CenturyChapter
7: Litigation and Collaboration: The George W. Bush Administration:
2000-2008The 2000 Presidential ElectionPresident George W. Bush and the
EnvironmentThe Bush Administrations Conservative Approach to Environmental
ProtectionThe Bush Administration and Forest ManagementConserving Endangered
Species Through CooperationThe Threatened and Endangered Species Recovery Act
of 2005: Congress Most Serious Threat to the ESACritical Habitat on
Department of Defense LandsControversy Surrounding Implementation of the
Endangered Species Act Under George W. BushListing Species Under the
Endangered Species ActDelisting Gray WolvesThe Greater Yellowstone Ecosystem
Grizzly BearListing the Polar BearThe Endangered Species Act in Transition: A
Retrospective of the Bush YearsChapter 8: Progress, Reversals, and
Uncertainty: Obama, Trump, and Biden: 2008-2021The 2008 Presidential
ElectionPresident Barack Obama, Congress, and the EnvironmentThe Obama
Administration and the Endangered Species ActThe Multidistrict Litigation and
Listing and Delisting SpeciesThe Multidistrict Litigation Settlements and
Collaborative Conservation: The Lesser Prairie ChickenFacilitating
Collaborative Conservation: The Greater Sage-GrouseEmbracing Compensatory
MitigationThe Future of the Greater Sage-GrouseFormalizing Species Status
Assessments and Conserving PollinatorsImproving the Listing ProcessThe
Significant Portion of Its Range Policy and Other Endangered Species Act
IssuesThe 2016 Presidential ElectionThe Donald J. Trump
AdministrationEnvironmental Policy Under TrumpRevising Greater Sage-Grouse
Management PlansListing and Delisting SpeciesMajor Regulatory Changes to the
ESAThe 2020 Presidential ElectionThe Biden AdministrationBiden Administration
AppointeesBidens Wildlife PoliciesFifty Years of Implementing the Endangered
Species ActPart II: Contemporary Issues of the Endangered Species ActChapter
9: Federalism and Preemption: The Nationalization of American Wildlife
Management and the Origins of State-Federal Tension Under the Endangered
Species ActThe Evolution of Federalism and PreemptionFrom the Mayflower
Compact to the US Constitution, 1620-1787Defining the New Government and the
Separation of Powers: 1787-1835Westward Expansion, the First Industrial
Revolution, Dual Sovereignty, and the Public Trust Doctrine: 1835-1861The
Civil War, Reconstruction, the Advent of the Second Industrial Revolution,
the Enduring Public Trust Doctrine, and State Ownership of Wildlife:
1861-1896Americas Changing Culture: Market Hunting, the Lacey Act, the
Migratory Bird Treaty Act, and the Beginning of the Progressive Era:
1896-1910The Ethos of the Industrial Revolution Drives the Progressive
Movement into Americas Social Fabric and Laws: 1910-1919Prohibition and
Reform: The Emergence of the Administrative State: 1919-1933The Great
Depression, FDRs New Deal, and a New Supreme Court Overwhelms States
Rights: 1933-1941The Competing Ideologies that Characterized the Progressive
Movement and Beyond: 1890-1940The Stone Court and the Development of the
Presumption Against Preemption in Rice: 1941-1946The End of the State
Wildlife Ownership Doctrine Following World War II: 1946-1969The Burger Court
State Ownership of Wildlife Declared a Legal Fiction and Anachronism:
1969-1986The Rehnquist Court: A Continued Swing Towards Conservative
Federalism and Preemption: 1986-2005The Roberts Court and the Development of
Area-Specific Jurisprudence: 2005-2022The Future of Federal Preemption of
State Authority Over Wildlife, and the Presumption Against Preemption
Doctrine in Wildlife CasesThe Endangered Species Act of 1973 and Federalism:
The Interpretation and Application of Section 6The Legislative History of
Section 6 of the ESAThe House Bill H.R. 37The States Role under H.R. 37 as
IntroducedHouse Committee Debates and AmendmentsThe Senate Bill S. 1983The
States Role Under S. 1983 as IntroducedSenate Committee Debates and
AmendmentsConference Reconciliation and Presidential ApprovalThe Erosion of
the States Cooperative Role1975 Regulatory Interpretation of Section
6Section 6 ESA Amendments, 1976-1978The 1979 Regulatory Interpretation of
Section 6Section 6 ESA Amendments, 1980 1982Section 6 ESA Amendments
19881994 Section 6(a) Policy2016 Section 6(a) PolicyJudicial Interpretation
of Section 6Confusion over the Extent of the ESAs Preemption in 1992Alaskas
Section 6(a) ClaimThe Future of State and Federal Cooperation and
Coordination under the Endangered Species ActContemporary Challenges for
Federalism and State-Federal Cooperation in Wildlife ManagementFunding
Endangered Species Conservation: The Achilles Heel of the ESAChapter 10: The
Constitutional Foundations of the Endangered Species ActThe Commerce
ClausePrinciples Nos. 1, 2 and 3: The Substantial Effect, Economic Principle,
and Rational Basis Tests Principle No. 4: The De minimis and Aggregation
PrinciplePrinciple No. 5: Habitat Modification/The Proximate Cause Test
Principle No. 6: A Substantial Relationship to the National InterestThe
Treaty ClauseThe Spending ClauseThe Property ClauseChapter 11: Endangered
Species Recovery and Delisting: Principles, Application, and Obstacles: Part
I Definitions and State and Private ProgramsRecovery Under the Endangered
Species ActStandards for Recovery and DelistingEarly Recovery Planning and
Legislative AmendmentsContents of a Recovery PlanRecovery in the CourtsCase
Study: Whooping Crane Recovery: Charting New WatersState and Private
Leadership in Recovery Plan Development and ImplementationCase Study: The
Delmarva Fox SquirrelCase Study: The Kirtlands WarblerCase Study: Private
Conservation Efforts: The Peregrine FalconCase Study: The California
CondorChapter 12: Endangered Species Recovery and Delisting: Principles,
Application, and Obstacles: Part II Federal Programs, Accomplishments, and
ChallengesRecovery Efforts by Federal AgenciesNational Wildlife RefugesThe
National Park ServiceThe U.S. Forest Service and the Bureau of Land
ManagementThe Department of DefenseThe Sikes ActCase Study: The Red-Cockaded
WoodpeckerRed-Cockaded Woodpeckers and the Department of DefenseAdditional
Woodpecker Conservation EffortsThe Readiness and Environmental Protection
Integration ProgramThe Sentinel Landscapes ProgramThe Record of Recovery
Under the Endangered Species ActCase Studies in Rapid RecoveryCase Study:
Bald EagleCase Study: American AlligatorPost-Delisting
MonitoringDownlistingRecovery Challenges: Inadequate Recovery FundingCase
Study: Black-Footed FerretRecovery Challenges: Inadequate Data and Planning
for RecoveryRecovery and Ecosystem ConservationRecovery and Delisting of
Conservation Reliant SpeciesRecent Progress and Future Prospects for
Improvements to Recovery PlanningReflections on Fifty Years of
RecoveryChapter 13: Collaborative Conservation: An Alternative to the
Endangered Species Act: Part I Collaborative Conservation Across
AmericaCollaborative Conservation DefinedEarly Collaboration in
ConservationTools of Collaborative ConservationLegal Mechanisms of
Collaborative ConservationFarm Bill Funding for Collaborative
ConservationPrograms and Resources for LandownersRegulatory Certainty for
Landowners Under the Endangered Species ActCollaborative Conservation in the
Malpai Borderlands RegionCollaborative Conservation and Grizzly Bear
RecoveryThe Blackfoot Challenge: Managing Human/Wildlife Conflicts Through
PartnershipThe Louisiana Black BearThe Black Bear Conservation
CommitteeLouisiana Black Bear ConservationLouisiana Black Bear
RecoveryInnovative Approaches to Protecting Migration CorridorsVoluntary
Conservation in MaineThe Pingree Forest PartnershipKatahdin Woods and Waters
National MonumentThe Atlantic SalmonThe Downeast Salmon FederationThe
Downeast Lakes Land TrustThe Penobscot River Restoration TrustThe Longleaf
ForestThe Gopher TortoiseChapter 14: Collaborative Conservation: An
Alternative to the Endangered Species Act: Part II Case Studies and Lessons
LearnedGreater Sage-GrouseBeginnings of Greater Sage-Grouse
ConservationPlanning Greater Sage-Grouse ConservationFederal Land Management
Planning and Greater Sage-GrouseThe Greater Sage-Grouse and Partisan
PoliticsThe Natural Resources Conservation Services Sage Grouse
InitiativeOther Sage-Grouse Conservation ProgramsGreater Sage-Grouse
Conservation SuccessThe Greater Sage-Grouses FutureThe Bi-State
Sage-GrouseThe Gunnison Sage-GrouseNew England CottontailThe New England
Cottontail Conservation StrategyNew England Cottontail Conservation
PartnersNew England Cottontail ResultsForging a Future of Collaboration:
Conservation Without ConflictLessons of Collaborative ConservationThe Promise
of Collaborative Conservation A Roadmap for Our FutureChapter 15: Wildlife
Conservation and Biodiversity Fifty Years After the Endangered Species ActThe
Present CrisesThe Role of the Endangered Species ActLandscape-Scale
ConservationThe Record of the Endangered Species Act: Successes and
LimitationsPeople: The Missing Ingredient in Wildlife ConservationThe
Endangered Species Act: Funding and IncentivesImproving the Endangered
Species ActAccessing FundingIncreasing FlexibilityEnabling PartnershipsThe
Present OpportunityAcknowledgementsAppendix 1: Federal Environmental and
Consumer-Protection Statutes and Agencies Established during the 1960s and
1970s Green RevolutionAppendix 2: The Endangered Species Act of 1973, As
EnactedAppendix 3: The Endangered Species Act of 1973, As Amended
TodayBibliography Index
Lowell E. Baier is an attorney and a legal and environmental historian and author. He has worked in Washington, D.C. throughout his sixty-year career as a tireless advocate for natural resources and wildlife conservation. Baier was recognized as the Conservationist of the Year by the National Fish and Wildlife Foundation in 2008, by Outdoor Life Magazine in 2010, and by the Association of Fish and Wildlife Agencies in 2013. In 2016, the National Wildlife Federation awarded him their highest honor, the Jay N. Ding Darling Conservation Award for a lifetime of conservation service. He is the author of numerous books, including Inside the Equal Access to Justice Act: Environmental Litigation and the Crippling Battle over Americas Lands, Endangered Species, and Critical Habitats; Saving Species on Private Lands: Unlocking Incentives to Conserve Wildlife and Their Habitats; and Federalism, Preemption, and the Nationalization of American Wildlife Management: The Dynamic Balance Between State and Federal Authority. Baier lives in Bethesda, Maryland.