THE US Supreme Court ruled last week that the government has a right to protect endangered species, even if its actions lower the value of property. Opponents of the Endangered Species Act had argued that the law was unconstitutional and should be thrown out.
The Endangered Species Act requires the federal government to preserve species that are threatened with extinction. If private landowners are found to have an endangered species on their property, they might be denied the right to develop the land, log it, or use it in some other way that would harm the species.
Opponents of the law argued that the act was an unconstitutional “taking” of private property without just compensation. They claimed that if the endangered species act lowered the value of their property – say, by preventing the building of a shopping centre on it – then the federal government should compensate owners for the lost value.
But the court ruled that the government has the right to regulate the use of private property. Supporters of the Endangered Species Act warn, however, that the Republican Congress is considering revisions in the law that would severely limit the government’s power to protect species.