Chapter 15: Endangered Species Act
The Endangered Species Act (ESA), 16 U.S.C. §§ 1531 to 1544, has been called “the most powerful environmental law ever passed to protect wildlife,” “the most powerful environmental law in the nation,” “the most stringent environmental statute in the world,” and even “the pit bull of environmental laws.” The ESA is also “a highly complex and extremely difficult Act both to understand and implement.” This chapter provides an outline of the machinations of the Act and its effects on private lands in Colorado, including the development permitting process.
§ 15.1 Overview of the Endangered Species Act
§ 15.1.1 Federal Regulation
§ 15.1.2 ESA Enforcement
§ 15.1.3 State Regulation Under the ESA
The Nongame, Endangered, or Threatened Species Conservation Act
§ 15.1.4 Federal and State Cooperation
§ 15.2 The Listing Process
§ 15.2.1 Challenges to Listing, Reclassification, and Critical Habitat Designation of Endangered or Threatened Species
§ 15.3 The Regulation of Listed Species on Private Land
§ 15.3.1 Section 7 of the ESA
The Consultation Process
Informal Consultation
Formal Consultation
Exclusions from Consultation
Incidental Take Statement
Section 10(a) of the ESA
The Habitat Conservation Plan
The No Surprises Policy
Section 4(d) of the ESA
§ 15.3.2 Regulation of the Take of Plants on Private Land Under the ESA
§ 15.4 Voluntary Protection of Listed Species and Habitat on Private Land
§ 15.4.1 Safe Harbor
§ 15.4.2 Candidate Conservation Agreements with Assurances
§ 15.4.3 Habitat Conservation Banking
§ 15.5 Practitioner Approaches to the ESA
§ 15.5.1 Current Owners
§ 15.5.2 Acquisition Due Diligence
WILLIAM M. STENZEL, ESQ.
Colorado River Water Conservation District
Will Stenzel is a staff attorney of the Colorado River Water Conservation District in Glenwood Springs, Colorado. He has also worked as a law clerk and associate attorney at Welborn Sullivan Meck & Tooley, P.C. in Denver, Colorado. Will has a B.A. in English from Carleton College and received his J.D. from the University of Colorado Law School, where he was an associate editor of the law review.
