Palila v. Hawaii Department of Land and Natural Resources: State governments fall prey to the Endangered Species Act of 1973

Author:

Nelson, Jack R.

Title:

Palila v. Hawaii Department of Land and Natural Resources: State governments fall prey to the Endangered Species Act of 1973

Periodical:

Ecology Law Quarterly

Year:

1982

Volume:

10

Pages:

281-310

Subject:

Palila Loxioides bailleui Hawaii Department of Land and Natural Resources Endangered species birds Endangered Species Act of 1973 Lawsuits

Summary:

The Hawaii federal district court decision in Palila v. Hawaii Department of Land and Natural Resources represents an important step toward protecting fish and wildlife in the United States under the Endangered Species Act (ESA) of 1973 -- a comprehensive program that was designed to protect endangered wildlife. This decision represents the first successful suit that was brought under section 9 of the ESA and may have saved a small Hawaiian bird, known as the Palila, (Loxioides bailleui), from extinction. A member of the Hawaiian Honeycreeper family, this is a small, finch-beaked bird, that is solely indigenous to Hawaii that inhabits a narrow band on the slope of Mauna Kea, on the island of Hawaii. This case upholds ESA under Congress's commerce and treaty powers and finds no eleventh amendment bar to its enforcement by private parties against state officials and agencies.

Label:

Birds - Palila

Date:

1982

Collection:

Periodicals