Lepanto et al,

It is not unusual to see the implementation of a 'good idea' (e.g., Endangered Species Act) demonstrate the need for adjustment(s) down the road. It is also not unusual to see the emergence of a "Perverse incentive" as an unintended consequence of a law.

Right now, environmentalists are still celebrating the Listing of the polar bear ... which is not endangered, but hypothetically could be, some day, maybe. While dedicated environmentalists are pleased, many of a more independent turn of mind chuckle & shake their heads at the clever subterfuge. This undermines the overall credibility of the environmentalist message, and the stature of the ESA.

The Endangered Species Act (more specifically the unintended use of it, i.e., attacking the oil industry of Alaska by listing polar bears when they aren't endangered) has been a perennial bone of contention in Congress for many years.

Essentially, the ESA is used by NGOs to effect legislation through the courts that is properly enacted only through Congress. That's wrong, it's a problem, and it is recognized in Congress that steps should be taken to stop it.

It would be in the interests of environmentalists & the environment to modify how the ESA works (it allows NGOs to function as a virtual Fourth Branch of the Government) earlier and more-incrementally, rather than wait for the eventual loss of the political conditions that protect it today.

Lepanto, I would ask that we all hold in mind that it is unlikely we will manage to 'save the environment' by the passage of laws alone. Without a consensus among the voting citizens that certain goals are important to us, it is unlikely that environmentalism-by-edict will stick. Credibility is important, and the ESA is not doing well with too many Americans.

The inability of a powerful, charismatic figure like Barack Obama to gain a clear ballot majority over a compromised figure like John McCain, and the ease with which McCain has placed Obama on the defensive by picking an environmentalism-doubter like Sarah Palin for a running-mate, really tells us where the Endangered Species Act stands with much of America.

There are a lot more Sarah Palins where that one came from, and the enthusiasm for her is only the leading hint of a potential political tsunami. Environmentalism is indeed at risk.