SMNR: Law and Activism Under NEPA and the Endangered Species Act
Semester: Fall 2025
Course ID: 397S
Credit Hours: 3
Unique: 31059
Course Information
Course Type: Seminar
Grading Method:
Pass/Fail Not Allowed
Registration Information
Upperclass-only elective
Meeting Times
Day
Time
TUE
3:55 - 5:45 pm
Evaluation Method
Type
Date
Time
Location
Paper
Description
The Endangered Species Act has been labeled "the pit bull of environmental statutes" because of the strong legal protection it provides to imperiled plants and animals. But over 50 years after its near-unanimous passage by Congress, the Act is a lightning rod for controversy. It is often criticized by developers for causing delays and higher costs, and by environmentalists for failing to live up to its full potential. The National Environmental Policy Act has morphed from an almost-universally praised "common sense" law intended to encourage federal agencies to "look before they leap" into a widely criticized, process-laden behemoth that environmental advocates and developers alike agree should be amended. This seminar will explore the records of the ESA and NEPA and the extent to which each hinders (or not) economic development in the United States. We will focus on the key legal issues associated with implementation of the laws and examine the unique challenges they face when addressing modern environmental threats, such as biodiversity loss and climate change. We will read the statutes, relevant cases, and regulations, and articles that discuss the use of the ESA and NEPA by advocates whose motives are not always aligned with the goals of the laws. During the last several weeks of class, students will present their seminar papers on topics related to the ESA and NEPA. Students may choose to develop papers about a range of relevant subjects, including the challenges of balancing species protection with economic development, the tensions between federal and state/local control over activities that affect species, and the track record of past administrative efforts to update/reform the ESA's and NEPA's implementation.
Taylor, Melinda E.