Mar 11, 2023
Brock Williams
Part I of this Note will provide a brief background of the precautionary principle, the ESA, and the case, New Mexico Farm & Livestock Bureau v. United States Department of Interior (N.M. Farm & Livestock Bureau).31 Part II discusses what crypsis is and its importance in this analysis. Part III focuses on the current judicial standard for reviewing these kinds of decisions and how the court failed to follow this standard. Finally, Part IV will describe the precautionary principle and how the court should adopt a more deferential standard of review for cryptic species. Ultimately, this Note proposes a new standard, in the spirit of the precautionary principle, as well as the deference owed to agency decisions on technical matters.