The Evolution of Federalism under Section 6 of the Endangered Species Act

The statutory basis for the relative roles of the federal government and the states in implementation of the Endangered Species Act (ESA) was established largely with enactment of the 1973 law. Most of the provisions in the current ESA concerning responsibilities and involvement of states and their relationships with federal agencies first appeared in the ESA of 1973 and have remained unchanged over the last 37 years.