Endangered Species Act (ESA)
Pit Bull or Paper Tiger? The Endangered Species Act on Private Lands
Author
Melinda E. Taylor
Author Bios (long)

Melinda E. Taylor is a Distinguished Senior Lecturer at the University of Texas School of Law.

Date
March 2026
Volume
56
Issue
2
Page
10130
Type
Articles
Summary

Executive Order No. 14156 directs federal agencies to treat certain energy development projects subject to the Endangered Species Act (ESA) as emergencies; Executive Order No. 14181 will likely eliminate the safety net for species in the San Francisco Bay-Delta ecosystem. These policies are the culmination of decades of erosion of protection that the ESA provided, which is especially apparent on private lands. This Article focuses on factors behind the Act’s waning power on private lands: lack of enforcement and the high bar to prove “take” caused by habitat modification, the inconsistent use and uncertain impact of habitat conservation plans, and successful efforts by industry to defeat decisions to list certain rare species. It describes the cases of the lesser prairie-chicken and dunes sagebrush lizard, two species that illustrate the political, legal, and practical challenges of protecting species whose habitats overlap with powerful economic interests.

H.R. 845
Update Type
Committee Name
Committee on Natural Resources
Committee Report
H. Rep. No. 119-332
Issue
12
Volume
55
Update Issue
29
Update Volume
55
Congress Number
119
Congressional Record Number
171 Cong. Rec. H4516

would require the Secretary of the Interior to reissue regulations removing the gray wolf from the list of endangered and threatened wildlife under the ESA.

H.R. 281
Update Type
Committee Name
Committee on Natural Resources
Committee Report
H. Rep. No. 119-328
Issue
12
Volume
55
Update Issue
29
Update Volume
55
Congress Number
119
Congressional Record Number
171 Cong. Rec. H4515

would direct the Secretary of the Interior to reissue a final rule relating to removing the Greater Yellowstone Ecosystem population of grizzly bears from the federal list of endangered and threatened wildlife.

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