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Document Type

Article

Media Type

Text

Abstract

In this article the author notes that the Endangered Species Act has increasingly come under attack. The attack on the ESA has been brought about primarily due to the substantial adverse economic effects caused by enforcement of the ESA 's provision. The author seeks to alleviate the economic burden on the affected parties in order to decrease the push for ESA reform. First, the author examines Fifth Amendment taking theory and concludes that it is insufficient to rectify the problem. Second, the author examines conservation easement theory and concludes that the purchase of conservation easements by environmental organizations would be a viable system for spreading the economic burden of species protection across a greater spectrum of society.

First Page

371

Last Page

400

Publication Date

5-1-1993

Department

College of Law

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Included in

Law Commons

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