Fact Pattern 18-2 Eldercare Hospital Has Acquired Twenty Acres of Land in South

Fact Pattern 18-2
Eldercare Hospital has acquired twenty acres of land in south Dallas, the poor side of the city, to build a facility that will provide care primarily for the elderly residents of that part of the city. The land had been used for various industrial purposes, including an oil transfer station, but had been abandoned for over thirty years. Dallas is a city that is always on the margin of violating the air quality standards that apply to it.
-Refer to Fact Pattern 18-2. When the property is surveyed, it is discovered that there is a rare beetle that lives on the land, as it enjoys the oily soil. The presence of the endangered beetle on the land means:

A) the land must be cleaned up regardless of the beetle; Superfund takes priority over endangered species considerations.
B) nothing to other considerations; endangered species habitat is only a matter of concern on public lands.
C) Eldercare will have to leave the property untouched as it is habitat as required by the Endangered Species Act.
D) Eldercare is likely to have to modify construction plans or provide other habitat for the beetle to comply with the Endangered Species Act.
E) nothing, as insects are not covered by the Endangered Species Act.

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