Complying with the Endangered Species Act


Summary

This practice note provides an overview of the Endangered Species Act (ESA), 16 U.S.C. § 1531 et seq., and discusses the obligations of real estate developers and property owners with respect to the ESA. Congress enacted the ESA in 1973 to protect and recover imperiled species and their habitats. The U.S. Fish & Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services) together administer the ESA. FWS has jurisdiction over terrestrial and freshwater species, whereas NMFS has jurisdiction over marine wildlife and anadromous fish (fish that live the majority of their life in the sea but for spawning in freshwater). More than 1,600 species are currently listed as endangered or threatened under the ESA in the United States.