Legal Tools That Provide Direct Protection for Elements of Biodiversity

摘要

Editors' Summary: An array of regulatory and planning tools for protecting biodiversity is available to federal, state, and local governments. In this Article, Robert McKirtstry Jr., James McElfish, Michael Jacobson, and Derald Hay examine these tools along with their strengths and limitations. The authors provide examples by way of several case studies of state laws and programs, exposing gaps that these state regulations leave in biodiversity protection. The authors argue that states can best fill these regulatory gaps by exercising their broad authority for planning, which allows for integration and coordination of regulatory mechanisms.