Lights along the beach can create problems for turtles. Bright lights at night can disorient sea turtle hatchlings and prevent them from crawling into the sea. Sufficient beachfront lighting might even constitute a prohibited "take" of Loggerhead sea turtles and other turtle species listed under the Endangered Species Act.
Assume that the erection or maintenance of beachfront lighting in turtle habitat is a take under Section 9 of the ESA. Could a state or local government's decision to allow such beachfront lighting--either by permitting it or perhaps just failing to prohibit it--also be a take under Section 9? And, if so, could the ESA require a state or local government to take action against private landowners who erect or maintain beachfront lighting when sea turtles are reproducing? Would such a requirement be constitutional? I think not.
