Endangered Species Act (ESA)
Above All, Try <i>Something</i>: Two Small Steps Forward for Endangered Species
Author
Richard P. Johnson
Author Bios (long)

Rich Johnson has been an environmental and natural resource attorney with the U.S. Government Accountability Office for over 15 years. He has worked on numerous GAO reports addressing the implementation of the Endangered Species Act and federal land management laws. The views expressed herein are entirely those of the author and do not reflect the views of the GAO.

Date
August 2010
Volume
40
Issue
8
Page
10812
Type
Comment(s)
Summary

In a recent essay, Katrina Wyman suggests four substantial reforms aimed at improving implementation of the Endangered Species Act (ESA) and furthering species recovery: (1) decoupling listing decisions from permanent species protection;3 (2) requiring the Fish & Wildlife Service (FWS) to implement cost-effective species protection measures;5 (3) prioritizing funding for biological hotspots;6 and (4) establishing additional protected areas. Although Wyman does not specifically frame it this way, these four proposals amount to a grand legislative bargain: ESA critics would get a regulatory mechanism that specifically requires the FWS to take costs into account, while environmentalists would get more funding for species recovery and more land, both federal and nonfederal, on which development is restricted or prohibited.

These are bold proposals. Wyman correctly perceives that the most likely way forward from the current sterile debates over the ESA will involve some form of painful legislative compromise. However, her proposals reach so far that they stand little chance of immediate enactment. Two more modest types of compromise focused on federal lands may offer greater prospects for near-term progress.

Comment on <em>Rethinking the ESA to Reflect Human Dominion Over Nature</em>
Author
Wm. Robert Irvin
Author Bios (long)

Wm. Robert Irvin is Senior Vice President for Conservation Programs at Defenders of Wildlife. He is a contributor to and coeditor, with Donald C. Baur, of Endangered Species Act: Law, Policy, and Perspectives (American Bar Assn. 2d ed. 2010).

Date
August 2010
Volume
40
Issue
8
Page
10809
Type
Comment(s)
Summary

Above my desk at work, I keep a button that reads "Save the Ugly Animals Too." It is a reminder that more than just the charismatic megafauna, such as wolves and bald eagles and grizzly bears and whales, are worth conserving. From the standpoint of protecting the web of life, including the ecosystems that benefit us all by providing services such as water purification, flood control, nurseries for our fish and shellfish, and opportunities for outdoor recreation, it is often as important to conserve the lesser known species, the cogs and wheels that drive those ecosystems.

The commitment to conserve threatened and endangered species, and the ecosystems upon which they depend, is the grand promise of the Endangered Species Act (ESA). Enacted in 1973, the ESA has done a remarkable job of saving from extinction charismatic and "ugly animals" alike. In doing so, it has engendered enormous controversy at times, such as the debate in the mid-1970's over the snail darter and the Tellico Dam, the battles in the 1980's and early 1990's over the northern spotted owl and logging of old growth forests in the Pacific Northwest, and the current flare-up over the Delta smelt and water for California's Central Valley farmers. Despite these controversies, the ESA has endured, testifying both to the value Americans place on preventing extinction and the flexibility of the ESA.

H.R. 2929, Bill Introduced
Update Type
Committee Name
Natural Resources
Sponsor Name
Labrador
Sponsor Party Affiliation
R-Idaho
Congress Number
112
Congressional Record Number
157 Cong. Rec. H6181

would amend the ESA to provide an exception to that Act for actions carried out against grizzly bears in self-defense, defense of others, or a reasonable belief of imminent danger.

S. 1580, Bill Introduced
Update Type
Committee Name
Environment and Public Works
Sponsor Name
Hatch
Sponsor Party Affiliation
R-Utah
Congress Number
112
Congressional Record Number
157 Cong. Rec. S5773

would direct the Secretary of the Interior to extend an exemption from certain requirements of the ESA to protect public health and safety

S. 1552, Bill Introduced
Update Type
Committee Name
Environment and Public Works
Sponsor Name
Crapo
Sponsor Party Affiliation
R-Idaho
Congress Number
112
Congressional Record Number
157 Cong. Rec. S5624

would amend the ESA to provide an exception to that Act for actions carried out against grizzly bears in self-defense, defense of others, or a reasonable belief of imminent danger.

H.R. 1907, Bill Introduced
Update Type
Committee Name
Natural Resources.
Sponsor Name
Calvert
Sponsor Party Affiliation
D-Cal.
Congress Number
112
Congressional Record Number
157 Cong. Rec. H3301

would require the Secretary of the Treasury to establish a program to provide loans and loan guarantees to enable eligible public entities to acquire interests in real property that are in compliance with habitat conservation plans approved by the Secretary of the Interior under the ESA.

H.R. 1819
Update Type
Committee Name
Natural Resources
Sponsor Name
Miller
Sponsor Party Affiliation
R-Mich.
Congress Number
112
Congressional Record Number
157 Cong. Rec. H3160

would amend the ESA to provide for state management of population segments of gray wolves in the United States.

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