Prohibitive Policy: Implementing the Federal Endangered Species Act

Overview

In 1978 the Supreme Court ruled that the Endangered Species Act barred the Tennessee Valley Authority from completing its almost-built, $120 million Tellico project because the project would destroy the habitat of the snail darter, a 3-inch long fish. Project supporters were outraged and claimed that the act was inflexible, prohibiting any balancing of the benefits of protection with the costs of compliance.

In this book, Steven Yaffee examines the Endangered Species Act as an ...

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Overview

In 1978 the Supreme Court ruled that the Endangered Species Act barred the Tennessee Valley Authority from completing its almost-built, $120 million Tellico project because the project would destroy the habitat of the snail darter, a 3-inch long fish. Project supporters were outraged and claimed that the act was inflexible, prohibiting any balancing of the benefits of protection with the costs of compliance.

In this book, Steven Yaffee examines the Endangered Species Act as an example of prohibitive policy, an extreme form of government regulation that has been used increasingly in recent years, especially in the environmental area. Critics have argued that such policy is inefficient because it appears to outlaw negotiation between conflicting social objectives.

By reviewing both the legislative history of the act and five years of its implementation, from 1973 to its amendment in 1978, Yaffee sets out to test its critics' contentions. In a narrative replete with stories about the Furbish lousewort, the Houston toad, the Mississippi sandhill crane, and other threatened species, he argues that the process of implementation provides for balancing and negotiation even though they appear to be outlawed by statute.

By examining science-based policy, Prohibitive Policy comments on the effects of technical expertise and professionalism on policymaking and implementation.

Prohibitive Policy also reports on the record of the federal government in preserving species and the outlook for the success of future interventions. Since the global problem of extinction is getting worse, the lessons of this book can aid legislators and interest groups in framing new policy.

American Politics and Public Policy

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Product Details

Meet the Author

Steven Lewis Yaffee is Assistant Professor of Planning at Harvard.
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Table of Contents

Series Foreword
Preface
1 Dimensions of Prohibitive Policy
2 Why Preservation?
3 Evolving Prohibitive Endangered Species Policy
4 Implementation in Theory and in Practice
5 EXercising Administrative Discretion
6 Negotiating Scientific Decisions
7 Internal Forces that Shape Implementation
8 EXternal Pressures that Shape Implementation
9 The Impact and Uses of Prohibitive Policy
Appendices
A. Capsule Summaries of the Five Major Case Studies
B. Key Provisions of the 1966, 1969, and 1973 Endangered Species
Acts
C. Number of Species Listed in the U.S. Redbooks, the
International Convention, and the Official U.S. List from 19641973
D. Number of Species and Critical Habitats Listed on the Official
U.S. List from 19671978
E. Number of Species in Actions Taken to Implement the Endangereed
Species Act from 19741978
F. Time Required to Take Actions to Implement the Endangered
Species Act
G. Chronology of Actions Taken to Implement the Interagency
Consultation Process, December 1973January 1978
H. Flow Diagram of the Interagency Consultation Process
I. Implementation Time Line for the Endangered Species Act from
19741978
Notes
Bibliography
IndeX
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