Is It a Distinct Subspecies? Preble's Mouse and the “Best Available Science” Mandate of the Endangered Species Act

Abstract

This article examines the debate that surrounds the Preble's meadow jumping mouse listing under the Endangered Species Act (ESA). While policymakers and politicians have been looking toward science to provide a resolution to this debate, this article argues that science alone cannot provide the answers we seek in this case. Two components of the ESA are first examined, which will allow us to conceptually make sense of the Preble's mouse controversy: the first, the question of what constitutes a “species” under the ESA; the second, its best available science mandate. The article concludes by offering policy-relevant suggestions, which are aimed at more accurately capturing the limitations of science as they pertain to listing determinations under the ESA.