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Reference Library

The founding document as written, a plain overview of the seven Articles, and a glossary of archaic and legal terms.

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Environmental Protection

Endangered Species Act

Enacted: 1973

Signed into law by

Richard Nixon

In brief

Required federal agencies to protect species listed as endangered or threatened and prohibited the 'take' of listed species even on private land.

The Act in depth

Signed by Richard Nixon on December 28, 1973, the Endangered Species Act charged the Fish and Wildlife Service (and NOAA Fisheries for marine species) with listing species as endangered or threatened, designating critical habitat, and prohibiting any 'take' of a listed species — a term the Supreme Court read broadly in Babbitt v. Sweet Home (1995). Federal agencies must consult with FWS to ensure their actions do not jeopardize a listed species — the requirement at issue in TVA v. Hill (1978), the snail-darter case. The ESA is widely regarded as the world's strongest wildlife-protection statute and has been credited with the recovery of the bald eagle, the American alligator, and the peregrine falcon.

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