There have been six instances as of 2009 in which the exemption process was initiated. Of these six, one was granted, one was partially granted, one was denied and three were withdrawn. Donald Baur, in The Endangered Species Act: law, policy, and perspectives, concluded," ... the exemption provision is basically a nonfactor in the administration of the ESA. A major reason, of course, is that so few consultations result in jeopardy opinions, and those that do almost always result in the identification of reasonable and prudent alternatives to avoid jeopardy."
Why is this exemption provision often considered a nonfactor?
few consultations result in jeopardy opinions