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"Significant Portion of Its Range": Statutory Interpretation of the ESA

The Endangered Species Act defines an endangered species as one at risk of extinction “throughout all or a significant portion of its range.” The U.S. Department of the Interior (DOI) has repeatedly defined “significant portion” to mean an area of the range essential to species persistence. This definition is redundant, and various iterations of the definition have been struck down in the past. At the same time, other proposals to list a species only in a portion of its range fail to satisfy the statutory requirements.

Managing Marine Litter

Marine litter is human-created waste that has been discharged into the marine environment, including glass, metal, plastics, and other debris. According to data compiled by the United Nations, the equivalent of a garbage truck filled with plastic is dumped into the ocean every minute—more than 8 million metric tons per year. On November 11, 2019, the Environmental Law Institute hosted an expert panel that explored recent U.S.

Should We Ban Single-Use Plastics?

Millions of tons of plastic enter the environment every year, killing wildlife, releasing toxins, clogging drains, and marring landscapes. Bans or restrictions on single-use plastics have exploded in popularity in recent years as a means of addressing these problems. Yet these bans remain controversial, with some businesses pushing back against what they consider excessive regulation and others maintaining that banning single-use plastics uses political capital that could be spent advancing more urgent and systemic agendas.

The Clean Air Act, Pigouvian Pricing, and Climate Governance

Two carbon pricing bills were introduced during the 115th Congress. Reps. Carlos Curbelo (R-Fla.) and Brian Fitzpatrick (R-Pa.) introduced the MARKET CHOICE Act during the summer of 2018. Reps. Ted Deutsch (D-Fla.) and Francis Rooney (R-Fla.) introduced the Energy Innovation and Carbon Dividend Act (Energy Innovation Act) in November 2018, and reintroduced it early in the 116th Congress, where it presently has more than 65 cosponsors. By different methods and with different comprehensiveness, both of these bills place a Pigouvian tax on greenhouse gas (GHG) emissions.

2019 Endangered Species Act Regulatory Revisions

The U.S. Department of the Interior and National Oceanic and Atmospheric Administration recently finalized comprehensive changes in how the Endangered Species Act (ESA) is implemented. These changes address the species listing process, critical habitat designations, protections for threatened species, and the §7 consultation process.