Whether we’re trying to save species or specie, decisions are based on information and incentives. Reform that generates poor incentives simply won’t work. Good intentions are not enough. Congress tried to protect endangered species via the Endangered Species Act (ESA) of 1973. Prior to 1973, landowners could operate even if their activities harmed the habitat […]

Congress passed the Endangered Species Act (ESA) in 1973 to protect species threatened or in danger of extinction. Federal judges have an especially difficult time dealing with it. In the ESA, they confront nasty conflicts between Congressional intent to save endangered species and our Bill of Rights. In Saving All the Pieces, Rocky Barker notes […]