The Endangered Species Act (“ESA”) was enacted in ‘because of the inability to separate out the effect of a specific impacts on natural ecosystems. On December 11, 2008, the Bush Administration finalized a rule change to the ESA, which relieves the Department of the Interior of a duty to assess the impact of climate change on endangered species, and further allows federal agencies to bypass consultation with the Fish and Wildlife Service (“FWS”) or the National Marine Fisheries Service (“NMFS”) when determining whether federal actions might threaten protected species.
Logan, Chris. “Is the Endangered Species Act the Right Place to Set U.S. Climate Change Policy?” Sustainable Development Law & Policy, Winter 2009, 30, 70.