The Endangered Species Act: A New Avenue for Climate Change Litigation?

Morath, Sarah Jane
July 2008
Public Land & Resources Law Review;2008, Vol. 29, p23
Academic Journal
The article proposed the use of the provisions of the Endangered Species Act (ESA) to address climate change litigation in the U.S. A proposed rule for listing the polar bear as a threatened species under ESA was published by the U.S. Fish and Wildlife Service on January 9, 2007. The first of the "Climate Change 2007" report was published by the Intergovernmental Panel on Climate Change (IPCC) on February 7, 2008, which described the link between human carbon dioxide emissions and climate change. Two factors that led to increased litigation over carbon dioxide emissions are concern over climate change and the lack of carbon dioxide regulations.


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