Abstract

The Endangered Species Act, which was signed into law on 28 December 1973 by President Richard M. Nixon, is sweeping in its mandate of protection and conservation of endangered and threatened species and the ecosystems on which they depend. The act passed virtually unopposed at a time of high environmental enthusiasm in which the majority of the country had rallied around the bald eagle, the African elephant, and other charismatic fauna. Given the pro-environmental climate of the times, full support of the act was a safe, indeed even a sound, political move for both the president and the US Congress. Since 1973, there have been many administrative, legislative, and litigative attempts to weaken the mandates of the ESA. The courts, however, have consistently affirmed that "the plain language of the ESA, buttressed by its legislative history, shows clearly that Congress viewed the value of endangered species as 'incalculable'.... The plain intent of Congress in enacting this statute was to halt and reverse the trend towards species extinction, whatever the cost". Today's political climate does not The lack of.