Journal of Environmental Law & Litigation : Vol. 25, No. 1, p. 423-454 : Reauthorizing the Endangered Species Act in Favor of Wildlife and Wild Lands: An Inevitable Result of Narrative Changes in Twenty-First Century America?
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Date
2009
Authors
Hickey, Valerie
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
Abstract
This Article explores how the shifting mosaic of interests, reacting
to how the Endangered Species Act was implemented, crystallized into stark and
opposing narratives in the public imagination during the debates over
its reauthorization. This Article suggests that these narratives
polarized in reaction to provisions in the ESA that appeared either to
endanger nature or to abrogate property rights. This opposition of
interests between groups loosely aligned in favor of nature,
hereinafter the Environmentalists, and groups loosely associated to protect property rights, hereinafter the Rugged Individualists, led to
intense policy debate but little movement in decision making.
Focusing on appeals to different expertise, disparate case studies, and
divergent narratives, this Article examines the availability cascades,13
mechanisms by which a singular perspective repeated often enough
can become a widely held belief, that consolidated these opposing
groups and resulted in a stalemate over reauthorization. This
stalemate froze the ESA and has prevented its long overdue
reauthorization. While the stalemate keeps the legislation on a short
leash since it requires annual appropriations, something that suits each
side to a certain extent, the legislation fails to insulate private property
proponents or conservationists from longer-term decisions that would
undermine current investments. As a result, both sides have
attempted to bridge the divide. These stopgap measures succeeded in
undoing the stalemate in some place-based problem sets.
Nonetheless, the national debate remains in a deep freeze. Or does it?
Description
32 p.
Keywords
Citation
25 J. ENVTL. L. & LITIG. 423 (2009)