Alan Glen and Craig Douglas authored "Difficult Questions of Proximity and Degree: Judicial Application of Section 9 of the ESA After the Supreme Court's Decision in Sweet Home." In the article, Glen and Douglas explain that since the Supreme Court's ruling in the Sweet Home case in 1995, parties seeking to prove that that land development activities cause a prohibited "take" of federally protected wildlife carry a heavy evidentiary burden. Speculative or hypothetical theories of "take" are increasingly being rejected by the federal courts in ESA cases.

Of counsel attorney J.B. Ruhl authored "State and Local Government Vicarious Liability under the ESA." Professor Ruhl's article explores the basis for and limits upon the ESA liability of state and local governments when they permit or authorize the otherwise lawful actions of others that result in harm to protected species. Professor Ruhl concludes that, in most instances, state and local government vicarious liability is inconsistent with the basic structure of the ESA.

For copies of either of these articles, please contact Craig Douglas at cdouglas@smith-robertson.com.