Balancing Business Interests and Endangered Species Protection

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If you ask most Americans what they know about the Endangered Species Act (ESA), they will likely respond, “the spotted owl.” This Pacific Northwest controversy epitomizes the conflict between jobs and the environment that the ESA has come to symbolize. To protect the spotted owl, large tracts of federal lands were withheld from logging, the supply of raw timber decreased, mill capacity was eliminated, logging jobs were lost, and prices increased. As this example illustrates, endangered species protection can alter local, regional, and national economies. It also shows the kind of win-lose negotiations that typify ESA debates. Each side in the debate sees beating the other as the way to achieve its goals. Environmentalists want a better environment and are willing to sacrifice economic development toward that end. Development interests want economic growth and consider it unacceptable to forfeit jobs or economic prosperity for species protection.

As species protection is weakened, we move toward satisfying development interests at the expense of environmental interests. As species protection is strengthened, we move toward satisfying environmental interests at the expense of development interests. Undoubtedly, such a tug-of-war debate will always persist, but we argue that there are opportunities to expand the scope of debate, finding solutions that will improve the potential outcome simultaneously for both environmental and development interests.

In the managerial negotiations literature, scholars used to argue over whether to follow a win-lose philosophy or a win-win philosophy.1 But more recent formulations argue that either is costly. Rather, rational negotiators now think about how to first create a larger pie and then claim a significant portion of that pie, subject to concerns for fairness and the ongoing negotiation relationship.2 But environmentalists and developers are still trapped in win-lose debates. While political debates have fueled the dichotomy between environmentalists and development interests, we see the need for a balanced perspective to manage the two sets of concerns simultaneously.

In this article, we begin with an overview of the ESA and its surrounding controversies. We then argue that, when viewed from a broad economic perspective, the benefits derived from nature can, under certain circumstances, create mutual gain solutions for both economic and environmental interests. It becomes clear that it is not the objectives of the Endangered Species Act that cause economic dilemmas but its implementation. To that end, we offer practical ways to improve ESA implementation.



1. H. Cohen, You Can Negotiate Anything (Secaucus, New Jersey: Lyle Stuart, 1980); and

R. Fischer and W. Ury, Getting to Yes (New York: Penguin Books, 1981).

2. H. Raiffa, The Art and Science of Negotiation (Cambridge: Harvard University Press, 1982);

D. Lax and J. Sebenius, The Manager as Negotiator (New York: Free Press, 1986); and

M. Bazerman and M. Neale, Negotiating Rationally (New York: Free Press, 1992).

3. J. Baden, “The Adverse Consequences of the ESA,” The Seattle Times, 25 October 1995.

4. T. Bethell, “Species Logic,” The American Spectator, volume 28, August 1995, pp. 20–22.

5. 7 U.S.C. 136; 16 U.S.C. 460 et seq. (1973); as amended by P.L. 94–325 (1976); P.L. 94–359 (1976); P.L. 95–212 (1977); P.L. 95–632 (1978); P.L. 96–159 (1979); P.L. 97–304 (1982); P.L. 98–327 (1984); and P.L. 100–478 (1988).

6. U.S. General Accounting Office, Endangered Species Act: Information on Species Protection on Nonfederal Lands (Washington, D.C.: U.S. GAO, 1994) CRED-95-16.

7. Ibid.

8. U.S. Fish and Wildlife Service, Facts about the Endangered Species Act (Washington, D.C.: U.S. Department of the Interior, 1995).

9. S. Meyer, Endangered Species Listings and State Economic Performance (Cambridge, Massachusetts: MIT Project on Environmental Politics and Policy, working paper no. 4, 1995); and

S. Meyer, The Economic Impact of the Endangered Species Act on the Agricultural Sector (Cambridge, Massachusetts: MIT Project on Environmental Politics and Policy, working paper no. 5, 1995).

10. Data provided by B. Cairns, deputy director, National Fish and Wildlife Foundation, Washington, D.C.

11. T. Egan, “Oregon, Foiling Forecasters, Thrives as It Protects Owls,” New York Times, 11 October 1994, p. 1.

12. “Economics and the Environment,” Greenline, number 30, 4 January 1996, p. 1.

13. T. Egan, “Recriminations as Northwest Loggers Return,” New York Times, 5 December 1995, pp. 1, A13.

14. N. Myers, The Sinking Ark (Elmsford, New York: Pergamon Press, 1979), p. 71.

15. National Wildlife Federation, Nature’s Pharmacy: Human Life Depends on the Rich Diversity of Life (Washington, D.C.: National Wildlife Federation, 1994).

16. G. Kolata, “The Aura of a Miracle Fades from a Cancer Drug,” New York Times, 7 November 1993, p. A1.

17. N. Myers, A Wealth of Wild Species (Boulder, Colorado: Westview Press, 1983), p. 90.

18. B. Wagner, “Nature’s Tropical Medical Chest,” U.S. News & World Report, 1 November 1993, p. 77; and

E. Pennisi, “Pharming Frogs,” Science News, volume 142, 18 July 1992, pp. 40–42.

19. M. Grever, Drug Discovery and Development from Natural Sources: The National Cancer Institute Experience (Washington, D.C.: U.S. House of Representatives, Committee on Merchant Marine and Fisheries, Subcommittee on Environment and Natural Resources, 9 November 1993).

20. Endangered Species Coalition, The Endangered Species Act Protects U.S. (Washington, D.C.: The Endangered Species Coalition, 1995).

21. T. Eisner, “Chemical Prospecting: A Global Imperative,”

Proceedings of the American Philosophical Society, volume 138, September 1994, pp. 385–392.

22. Information provided by S. Hall, Strategic Environmental Associates, Underwood, Washington;

see also:

“A Rare Species,” The Economist, volume 334, 28 January 1995, p. 76.

23. D. Byrom, Biomaterials: Novel Materials from Biological Sources (New York: Stockton Press, 1991).

24. G. Borg, “Salmon-Saving Program May Do Harm,” Chicago Tribune, 9 November 1995, p. 16.

25. C. Yoon, “Ecosystem’s Productivity Rises with Diversity of Its Species,” New York Times, 5 March 1996, p. B8.

26. Endangered Species Coalition (1995).

27. B. Ayres, “Lessons from ’93 Flood Help Soggy Midwest Now,” New York Times, 24 May 1995, p. 14.

28. Endangered Species Coalition (1995).

29. “Cry for Preservation, Recreation Changing Public Land Policy,” Congressional Quarterly, 3 August 1991, pp. 2145–2151.

30. R. Boyle, “President Clinton Signs Order for Fishing Area Restoration,” Outdoor Life, volume 196, 1995, p. 10.

31. U.S. Department of Commerce, National Survey of Fishing, Hunting and Wildlife-Associated Recreation (Washington, D.C.: U.S. Government Printing Office, 1991).

32. S. Pendleton, “Birds Get a Break in Texas with Land Conversion Law,” Christian Science Monitor, 15 November 1995, p. 8.

33. U.S. Department of Commerce (1991).

34. Pendleton (1995).

35. J. Hood, “How Green Was My Balance Sheet,” Policy Review, volume 74, Fall 1995, p. 80.

36. Times Mirror, The Environmental Two-Step, Times Mirror Survey, 1995.

37. R. Lacayo, “This Land Is Whose Land?,” Time, 23 October 1995, p. 68.

38. “Tourists Pour In,” Greenline, number 6, 28 November 1995, p. 1.

39. Information provided by N. Millar, Harlingen, Texas.

40. D. Hagen, J. Vincent, and P. Welle, “Benefits of Preserving Old Growth Forests and the Spotted Owl,” Contemporary Policy Issues, volume 10, April 1992, pp. 13–26.

41. Times Mirror (1995).

42. Lacayo (1995).

43. U.S. Department of the Interior, Why Save Endangered Species? (Washington, D.C.: U.S. Department of the Interior, 1993).

44. S. Yaffee, The Wisdom of the Spotted Owl: Policy Lessons for a New Century (Washington, D.C.: Island Press, 1994).

45. M. Porter and C. van der Linde, “Green and Competitive: Ending the Stalemate,” Harvard Business Review, volume 73, September–October 1995, pp. 120–134.

46. Times Mirror (1995).

47. “Industrial Switch: Some Firms Reduce Pollution with Clean Manufacturing,” Wall Street Journal, 4 December 1990, p. A1.

48. “DuPont to Spend Big to Cut Plant Pollution,” Engineering News Record, 5 August 1991, p. 22.

49. H. Raiffa, “Post-Settlement Settlements,” Negotiation Journal, volume 1, January 1985, pp. 9–12.

50. Sierra Club Legal Defense Fund, “The Endangered Species Act Works — Success Stories” (Washington, D.C.: Sierra Club Legal Defense Fund, 1995).

51. U.S. General Accounting Office (1994).

52. H. Dellios, “Nature vs. Human Nature: Incentives May Be the Solution,” Chicago Tribune, 26 June 1995, p. 1.

53. House Bill No. 1298 from the 72nd Legislature, Regular Session, 1991; see:

Pendleton (1995).

54. H. Fischer and W. Hudson, eds., Building Economic Incentives into the Endangered Species Act (Washington, D.C.: Defenders of Wildlife, 1994).

55. R. O’Toole, “Incentives and Biodiversity” (Smithsonian Earth Day Conference on Biodiversity, speech, 22 April 1995).

56. National Biological Service, National GAP Analysis Status Report: 1994 and 1995 Fiscal Years (Washington, D.C.: National Biological Service, 1995).

57. National Research Council, Science and the Endangered Species Act (Washington, D.C.: National Academy Press, 1995), p. 84; and

F. Campbell, “The Appropriations History,” in K.A. Kohm, ed.,Balancing on the Brink of Extinction: The Endangered Species Act and Lessons for the Future (Washington, D.C.: Island Press, 1991), pp. 134–146.

58. J. Cushman, “Moratorium on Protecting Species Is Ended,” New York Times, 21 May 1996, p. A1.

59. T. Beatley, Habitat Conservation Planning: Endangered Species and Urban Growth (Austin, Texas: University of Texas Press, 1994).

60. S. Yaffee and J. Wondolleck, Negotiating Survival: An Assessment of the Potential Use of Alternate Dispute Resolution Techniques for Resolving Conflicts between Endangered Species and Development (Ann Arbor, Michigan: University of Michigan, research report to the Administrative Conference of the United States, 1994).

61. S. Yaffee, A. Phillips, I. Frentz, P. Hardy, S. Maleki, and B. Thorpe, Ecosystem Management in the United States: An Assessment of Current Experience (Washington, D.C.: Island Press, 1996).

62. R. Kiefer, “Beyond the Boundary Line: Constructing a Law of Ecosystem Management,” University of Colorado Law Review, volume 65, Spring 1994, p. 293.

63. Yaffee et al. (1996).


The authors would like to gratefully acknowledge the financial support of the Henry and Munson Foundations and the National Fish and Wildlife Foundation. Special thanks also go to Francisco Benzoni, Grant Gund, Don Moore, and Jon Wilk for providing research support and to Amos Eno, Barbara Cairns, and the anonymous reviewers from the U.S. Fish and Wildlife Service and Sloan Management Review who provided valuable feedback and comments.

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