The Endangered Species Act (ESA) has long been known as the “pit bull” of federal environmental laws because of the inflex- ibility of how it attempts to protect species listed under the act, regardless of cost or impact on human activities. The law makes it a felony to “take” any species listed as endangered or threatened. The extremely broad interpretation of “take” includes activity to “harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any of these activities.” The scope of a take finding extends to both intentional and non-intentional activity.
Growing Pains: The Cost and Contribution of Impact Fees in Texas
Texas’s rapidly growing population requires new infrastructure and improvements, which oftentimes come at great expense. To fund these projects, local officials often impose impact fees on new development—but their use comes at a cost. Key points: Texas is the fastest-growing state in the nation. As such, it has robust infrastructure requirements. To help finance capital...