2003
DOI: 10.1086/344670
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Preemptive Habitat Destruction under the Endangered Species Act

Abstract: This paper examines the extent to which landowners have preemptively destroyed habitat for the endangered red-cockaded woodpeckers (RCWs) in the forests of North Carolina in order to avoid potential land-use regulations prescribed under the Endangered Species Act (ESA). Under the ESA, it is illegal to kill an endangered species and it is also illegal to damage its habitat. By preventing the establishment of an old-growth pine stand, landowners can ensure that RCWs do not inhabit their land and avoid ESA regula… Show more

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Cited by 153 publications
(74 citation statements)
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“…Anecdotes about this phenomenon abound, but I am aware of two studies that document systematic evidence of the behaviour. One is a study of the red‐cockaded woodpecker by Lueck and Michael (2003), and the other, by Margolis et al . (2004), is about the pygmy owl.…”
Section: Progress Strikes Backmentioning
confidence: 99%
“…Anecdotes about this phenomenon abound, but I am aware of two studies that document systematic evidence of the behaviour. One is a study of the red‐cockaded woodpecker by Lueck and Michael (2003), and the other, by Margolis et al . (2004), is about the pygmy owl.…”
Section: Progress Strikes Backmentioning
confidence: 99%
“…Second, land users may recognize the correlation between regulations and the presence of intact habitat and wildlife populations, and thus pre-emptively destroy habitat and wildlife to reduce the probability of future regulations (Lueck & Michael 2003). Despite the simple theory, protected areas may fail to generate as much avoided pressure as anticipated.…”
Section: Regulatory Approachesmentioning
confidence: 99%
“…With respect to the interface between politics and forestry/natural resources, recent contributions include the demonstration by Laband (2001) that voting in the political commons generates over-supply of environmental regulations targeting private landowners, analyses showing that special interest group politics influenced both congressional voting on the Endangered Species Act amendments in the United States (Mehmood and Zhang 2001) and congressional support for restrictions on imports of Canadian softwood lumber (Zhang and Laband 2005), a study by Tanger et al (2011) showing that congressional support for environmental legislation in the U.S. over the period 1970-2008 was influenced by macroeconomic conditions, and superb contributions by Lueck and Michael (2003) and Zhang (2004) demonstrating that private landowners in close proximity to Red-cockaded woodpeckers (RCW), listed under the Endangered Species Act, preemptively harvest timber to preclude development of suitable habitat for RCW.…”
Section: Introductionmentioning
confidence: 99%