Reversing The Trend Towards Species extinction, Or Merely Halting It? incorporating The Recovery Standard Into esa Section 7 Jeopardy Analyses

摘要

Although the judiciary has not provided clear guidance on what a recovery standard entails, this Note proposes that a recovery standard ensures a much more rigorous form of protection and ultimately serves as a blueprint for the conservation of a species. Although the court in NWF held that NMFS's regulation requires analyses of the effects of proposed actions on recovery, the court did not address the question of whether the ESA itself requires the Services to consider both survival and recovery. As a result, it is now up to NMFS and FWS to determine how to move forward from the NWF decision. This Note attempts to provide an ecological and legal framework under which a sufficient recovery standard may be attained in future jeopardy analyses in order to achieve the ESA's ultimate mandate of species recovery and conservation.