Endangered Species Act (ESA)
S. 4589
Update Type
Committee Name
Committee on Environment and Public Works
Sponsor Name
Barrasso
Sponsor Party Affiliation
R-Wyo.
Issue
11
Volume
50
Update Issue
28
Update Volume
50
Congress Number
116
Congressional Record Number
166 Cong. Rec. S5652

would amend the ESA to increase transparency, support regulatory certainty, and reauthorize the Act.

H.R. 8180
Update Type
Committee Name
Committee on Natural Resources
Sponsor Name
Tiffany
Sponsor Party Affiliation
R-Wis.
Issue
11
Volume
50
Update Issue
27
Update Volume
50
Congress Number
116
Congressional Record Number
166 Cong. Rec. H4325

would amend the ESA to exclude the gray wolf from the authority of the Act, and remove the gray wolf from the lists of threatened species and endangered species published pursuant to the Act.

H.R. 8069
Update Type
Committee Name
Committee on Natural Resources
Sponsor Name
Cook
Sponsor Party Affiliation
R-Cal.
Issue
10
Volume
50
Update Issue
25
Update Volume
50
Congress Number
116
Congressional Record Number
166 Cong. Rec. H4245

would prohibit the Secretaries of Commerce and of the Interior from issuing grants for the conservation of a species that is listed as endangered under a state law that is not consistent with certain federal standards.

Defining Habitat to Promote Conservation Under the ESA
Author
Jason C. Rylander, Megan Evansen, Jennifer R.B. Miller, and Jacob Malcom
Author Bios (long)

Jason C. Rylander is Senior Endangered Species Counsel with the Defenders of Wildlife. Megan Evansen is Conservation Science and Policy Analyst with the Center for Conservation Innovation (CCI), Defenders of Wildlife. Jennifer R.B. Miller is a Senior Scientist at CCI. Jacob Malcom is the Director of CCI.

Date
July 2020
Volume
50
Issue
7
Page
10531
Type
Comment(s)
Summary

The U.S. Supreme Court’s opinion in Weyerhaeuser Co. v. U.S. Fish & Wildlife Service raises important questions about the scope of the Endangered Species Act’s (ESA’s) protections for critical habitat. Foremost among them is a question one might think was long settled: what is “habitat”? In a short ruling, the Weyerhaeuser Court opined that “critical habitat” must first be “habitat,” but it did not attempt to define exactly what habitat is or how much deference the U.S. Fish and Wildlife Service should get on what is both a biological and policy question. The Court also sidestepped whether currently unoccupied “habitat” must in fact be “habitable” at the time of designation as critical habitat. The task of defining “habitat” now falls to the ESA’s implementing agencies or to the U.S. Congress.  This Comment proposes to define habitat in a way that is consistent with the intent of the ESA, reflects the best available science, is operationally workable, and also broad enough to account for species’ needs.

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