Introduction to the Clean Water Act And Water Quality Regulation

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Presentation transcript:

Introduction to the Clean Water Act And Water Quality Regulation ESA Section 4 Refresher Introduction to the Clean Water Act And Water Quality Regulation Tracy Hester Environmental Law Fall 2012 November 8, 2012 Tracy Hester Environmental Law Fall 2018 Nov. 12, 2018

Three engines of ESA Listing of species as endangered or threatened and designation of critical habitat – Section 4 Consultation and “no jeopardy” requirement for federal action – Section 7 Prohibition on “taking” – Section 9

“Species” – “any subspecies of fish or wildlife or plants, and any distinct population segment of any species of vertebrate fish or wildlife which interbreeds when mature”

Section 4 – key concepts 4(a) – requires Secretary to determine if species is endangered or threatened, and its critical habitat Listing of species based on “best scientific and commercial data available”; critical habitat can take economic impact into account Secretary required to develop and implement recovery plans unless they “will not promote conservation of the species”

Section 4 - complications “threatened” vs “endangered” “in danger of extinction throughout all or a significant portion of its range” “threatened” – “likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range” SPR – current, not historical; list all of species, even if only endangered in significant portion of range

Section 4 - complications Candidate Conservation Agreements TVA v Hill Section 4d rules Critical habitat: include land that could be used, but isn’t currently? (Weyerhauser) Proposed revisions – no categorical section 4d rules in future; “species-by-species”

Species Triage? Competing species for limited natural resources and food supplies Limited scientific and financial assets available to save all species Ethics based arguments to limit extraordinary efforts to save species

Lazarus Project

Resurrection of extinct species Gastric brooding frog extinct in the wild in 1980s Genetically unique – only known species with this type of brooding Successfully cloned in 2013