ABSTRACT
The focus of this chapter is the role of state and federal collaboration under the Endangered Species Act (ESA), particularly as elucidated by litigation in federal courts. ESA cases that touch directly on the state–federal relationship are relatively rare. The area where litigation has most contributed to the understanding of the appropriate nature of the state–federal relationship has been with respect to section 4 of the Act and whether the United States Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) may rely on conservation agreements (or analogous measures) in making determinations as to whether to list a species. Herein, we review the relevant section 4 litigation, identifying lessons that can be learned from that litigation and then applied to state and federal efforts to utilize conservation agreements in the future.
