1. Plaintiff thought he would be able to remove the ESA barrier by getting the bald eagle delisted. What other barrier did the court find would be in his way?
2. Do you think it’s a good idea for courts to be able to stop commercial development for the sake of one bald eagle’s nest? Do you see that as injuring the land developer? What compensation, if any, does the developer get for not developing the land?
3. Once the FWS proposes to delist the species they have a year to delist or not, but what mechanism exists for proposing the delisting initially? Can you think of any reason why the FWS would want to delist a species?