Another Take on “Take”: The Section 9 Prohibition

Paul Weiland and Brian Ferrasci-O’Malley were among the contributors to the American Bar Association’s recent edited volume, Endangered Species Act: Law, Policy and Perspectives. The publication pulled together leaders in the field from government, the private sector and non-profits, who penned 18 chapters covering all aspects of the Endangered Species Act (ESA) and its implementation. It also covers related topics, including state-level and international efforts to protect wildlife.

Paul, Brian and retired Nossaman partner Steve Quarles contributed a chapter in the volume on the prohibitions against “take” found in section 9, the teeth of the ESA. The chapter surveys the regulations and case law that establish the contours of take under the ESA.