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- Info
Ecosystem communities:zoning principles to promote conservation and the economy
| Author: |
Bernstein, Lara M. |
| Date: |
1995 |
| Periodical: |
Santa Clara Law Review |
| Abstract: |
The Endangered Species Act, the federal government\'s strongest environmental conservation
measure, has spawned numerous natural resources conflicts since its inception in 1973. ... The Survey\'s research represents progress toward overcoming the limitations of the single species conservation approach. ... This proposal includes a vehicle for local land use planners to use the resources of the Survey to incorporate \"ecosystem zoning\" into their decision making processes to provide a balanced, flexible approach allowing both conservation and development. ... e. Current Habitat Conservation Planning Efforts Under the Endangered Species Act ... The Habitat Conservation Planning process provides a useful framework for ecosystem-based planning involving the public and private cooperation and flexibility which are absent from other ESA regulatory provisions. ... The courts have required plaintiffs to conclusively establish a relationship between habitat modification and harm to the species....Thus, the Survey\'s attempt to alleviate the problems caused by the single species conservation...approach lacks such organizational principles to facilitate ecosystem-based research. ... The application of a prospective and flexible zoning law would allow the Survey to transcend the role of simply cataloguing the nation\'s species and become a useful tool to ecosystem management. ... For instance, habitat modification could harm an unknown or unlisted species which is a food source for a listed species. |
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