LSAT 102 – Section 2 – Question 11

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Question
QuickView
Type Tags Answer
Choices
Curve Question
Difficulty
Psg/Game/S
Difficulty
Explanation
PT102 S2 Q11
+LR
Most strongly supported +MSS
Principle +Princ
Rule-Application +RuleApp
A
3%
161
B
0%
154
C
3%
159
D
90%
166
E
4%
163
123
137
150
+Easier 148.204 +SubsectionMedium

A Habitat Conservation Plan (HCP) is based on a law that allows developers to use land inhabited by endangered species in exchange for a promise to preserve critical habitat or provide replacement land nearby. Some individuals of endangered species are lost in return for assurances by the owner or developer that habitat for those remaining animals will be protected. Environmentalists are pleased that HCPs allow them to win concessions from developers who would otherwise ignore rarely enforced environmental laws. Satisfied property owners prefer HCPs to more restrictive prohibitions of land use.

Summary
Habitat Conservation Plans (HCPs) allow developers to use land inhabited by endangered species in exchange for preserving some habitat or replacement land nearby. Some members of endangered species are lost, but the developer ensures that the remaining animals will be protected. Environmentalists like that HCPs secure compromise from developers. Developers prefer HCPs over more restrictive prohibitions.

Strongly Supported Conclusions
Environmental laws should reflect a compromise between land developers and environmentalists.

A
In order to avoid protracted legal battles environmentalists should compromise with developers.
We don’t know whether the environmentalists or land developers would initiate legal battles with each other.
B
Developers should adhere only to those environmental laws that are not overburdensome.
We don’t know if developers should only adhere to laws that are not overburdensome. The environmentalists may prefer that land developers adhere to any and all environmental laws.
C
Laws should not be designed to serve the interests of all the parties concerned since they are often so weak that no one’s interest is served well.
As the stimulus describes, HCPs do serve the interests of all concerned parties. Environmentalists are served by securing compromise from developers, and developers are served because the prefer HCPs over more restrictive laws.
D
Laws should be fashioned in such a way as to reconcile the interests of developers and environmentalists.
HCPs do serve as a compromise between developers and environmentalists.
E
The most effective means of preserving endangered species is to refrain from alienating property owners.
We don’t know what the most effective means of protecting endangered species is. HCPs are just one way we are told could help this purpose.

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