ABSTRACT

This chapter discusses sources of support for the Endangered Species Act. It considers some of the more controversial recent incidences of controversy over the Endangered Species Act and related environmental protection statutes, such as Section 404 of the Clean Water Act. Few people are opposed to the concept of protecting endangered species per se, but the Endangered Species Act has faced significant opposition ever since its enactment. Opposition to the act, as well as opposition from related environmental protection states, especially Section 404 of the Clean Water Act, may be broadly categorized as originating from three sources, one philosophical and two economic: concern over infringement on private property rights; concern over depressing economic activity; and concern over government deficits and debt. The ultimate effects of the Private Property Protection Act of 1995 on the Endangered Species Act, had it been implemented in the form delivered by the House to the Senate, are hard to estimate.