The following Note discusses the effects that some of these rule changes will have on the Endangered Species Act in the face of uncertain climate change and the science behind it. Part I examines the background of the Act, its current rules, climate change’s impact on the environment, and judicial deference to agency interpretations. Part II analyzes how the current rules further the goals of the Act, how the proposed changes to those rules will add to the confusion surrounding the Act’s standards, and the role climate change studies have in both of those implementations. Part III will propose a few alternatives for how the U.S. Fish and Wildlife Service and the Endangered Species Act can accommodate climate change, such as a broader ecosystem-based approach, a narrower approach focused on climate-impacted species, and a conjunctive effort to work with other parties.
Andrew J. Coffey,
Feeling the Heat: The Endangered Species Act and Climate Change,
Ga. St. U. L. Rev.
Available at: https://readingroom.law.gsu.edu/gsulr/vol36/iss2/6