Originally published in the ABA’s Section of Environment, Energy, and Resources Endangered Species Committee Newsletter

The Endangered Species Act (ESA), 16 U.S.C. § 1531 et seq., has been called the “pit bull” of environmental laws. This article contends that increases in ESA litigation and consultation obligations have expanded the ESA’s scope and effect. Specifically, the reach of the ESA has expanded because of a dramatic rise in listing petitions that are likely to increase the number of species subject to the ESA’s protections and because of an increase in consultation obligations triggered by recent rulemaking, water supply disputes, and novel consultation contexts.

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