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Endangered species

Conservation Commandeering Is Still Commandeering

Courts allow litigants to commandeer state and local governments under the Endangered Species Act.

Jonathan H. Adler | 7.1.2026 9:39 PM

Lights along the beach can create problems for turtles. Bright lights at night can disorient sea turtle hatchlings and prevent them from crawling into the sea. Sufficient beachfront lighting might even constitute a prohibited "take" of Loggerhead sea turtles and other turtle species listed under the Endangered Species Act.

Assume that the erection or maintenance of beachfront lighting in turtle habitat is a take under Section 9 of the ESA. Could a state or local government's decision to allow such beachfront lighting--either by permitting it or perhaps just failing to........

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