PROPERTY-RIGHTS CASE LAW AND THE CHALLENGE TO THE ENDANGERED SPECIES ACT

Congress is poised to initiate what could be a lengthy debate over the U;S. Endangered Species Act. In anticipation, proponents of strong Fi fth Amendment private property rights guarantees have begun an aggress ive campaign pining those rights against those granted other species i n the Act. Little case law exists that considers both property, rights and wildlife protection, but inference can be drawn from Supreme Cour t opinions regarding property rights which may provide insight into li kely judicial contributions to resolving tension between property righ ts and endangered species. We review key legislative history, provisio ns of the Endangered Species Act, relevant case law and the implicatio ns of recent judicial trends that pertain to property and imperiled sp ecies. We then make recommendations that may improve implementation of this critical piece of environmental legislation.