Species Protection by the Book

May 2003

On the 30th anniversary of one of the most potent US environmental laws, the Environmental Law Institute® will publish a comprehensive reference work, the Endangered Species Act Deskbook. Due to Endangered Species Act of 1973 mandates, over 1,200 species have been listed as “threatened or endangered.” Roughly half of these species have at least 80 percent of their habitat on private lands. California and Florida have listed the most species, from the tiny Fairy Shrimp to the Florida Panther. Inevitably, application of the Act has led to significant legal disputes over private property rights, public land management and land use.

The Endangered Species Act Deskbook by Lawrence R. Liebesman and Rafe Petersen analyzes the statute’s history, agency regulations and court decisions. “This Deskbook provides an effective resource for consultants, developers, attorneys, public officials and the general public and should foster a better understanding of this complex law,” said lead author Larry Liebesman in Holland & Knight’s DC office.

The ESA Deskbook includes relevant laws, regulations, policies and contact information for users and addresses:

  • How species are listed
  • Designation of critical habitat of endangered species
  • Consultation between federal agencies and the Fish and Wildlife Service and the National Marine Fisheries Service
  • What constitutes a "take" of a species
  • Habitat conservation plans
  • Enforcement, federal and state interface on endangered species
  • Indian lands and the ESA
  • International application of the ESA

The ESA Deskbook was a major project involving ELI’s publishing division and the law firm of Holland & Knight, LLP. Nine Holland & Knight lawyers contributed as did other professional and support staff from several offices. Lead author Larry Liebesman has more than 30 years of experience as an environmental attorney, both in the federal government and the private sector, coming from the Department of Justice and the Environmental Protection Agency. He also served on detail to the President’s Council on Environmental Quality, helping to develop regulations to implement the National Environmental Policy Act (NEPA).

The Endangered Species Act Deskbook can be ordered from the Island Press Web site. For more information about ELI please contact John Thompson at (202) 939-3833 or visit our Web site at http://www.eli.org.