Cooling the Core Habitat Provision of the Endangered Species Act Before It Goes Critical: Practical Critical Habitat Reformulation

The Endangered Species Act contains provisions that aim to protect “critical habitat.” While these provisions have both generated controversy and served as fertile ground for legal, political, and economic theorists, they have done little to reduce the impact on endangered species from the land uses for which private owners put their property. This article synthesizes several of the most powerful criticisms of critical habitat designations, and corresponding responses, to argue that the agencies implementing the Act presently have low-cost options available under the Act that might pay big habitat dividends over the longer term. In a nutshell, these suggested improvements consist of the reworking of internal agency policies and manuals that structure how field office personnel conduct critical habitat analyses, interact with state and local governments, and partner with private landowners.