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Endangered Species Act

The Endangered Species Act was enacted in 1973 amid growing concern that species were becoming extinct at an accelerating rate due to the increased use of pesticides and other chemicals, the destruction of habitats to make way for suburbs and other development, and excessive hunting and fishing. Under the Act, the federal government lists an animal or plant species as “endangered” if it is in danger of extinction and as “threatened” if it is “likely to become an endangered species within the foreseeable future.” Once listed, no one may “harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect” a member of the species or damage its habitat. The Endangered Species Act is one of the strictest federal environmental laws and perhaps the most controversial. The Act’s critics have charged that it has blocked needed economic development to protect “insignificant” species (such as the snail darter and kangaroo rat), and that it interferes with private property rights.

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