Habitat Conservation Plans under the Endangered Species Act

This Comment analyzes the development of Habitat Conservation Plans (HCP) as a means for planners to free themselves from the prohibitions against the taking of endangered species under the Endangered Species Act. The author argues that the use of the HCP has resulted in an increase in the number of parties seeking statutory permission to take endangered species. The author examines the statutory requirements for the development and approval of HCPs under section 10(a) of the Endangered Species Act. The author further critiques the first three HCPs that were developed, and suggests various changes to harmonize section 10(a) with the rest of the Endangered Species Act.