ISSN: 2375-446X
Section 7 of the Endangered Species Act (ESA) has progressed much in protecting endangered and threatened species and their critical habitat. This is essential because it preserves the endangered species from going into extinction and also, preserves their critical habitat from being destroyed. Section 7 of the ESA empowers the Fish and Wildlife Services (FWS) to make decisions as it affects endangered species. For any project which may affect endangered species or their critical habitat, any agency in charge of such project has to be in consultation with the FWS. Nevertheless, as it is crucial for the preservation of wildlife, there is also the need to respond to the recent challenges of climate change by adapting to a change from non-renewable to renewable energy like solar and hydropower. These are but a few of many examples of combating climate change. In a situation where there is a need for development, for example, the construction of a dam for hydropower and there are endangered species in the river, this creates a situation of which should take precedence over the other: Hydropower or endangered species? As much as the courts in many ways have tried resolving issues of this kind, FWS issuing incidental take permits or the god squad deciding when an agency is dissatisfied with the decision of FWS, it appears that most of the decisions are politically affected by the administration in power when such issues arise. Therefore, there is a need for.
Congress to address the approach and factors to adopt in reaching a middle ground on conflicting issues of endangered species and climate change.
Published Date: 2025-02-12; Received Date: 2024-09-19