By Michael Catanzaro, managing director in FTI Consulting’s strategic communications practice
The Independent Petroleum Association of America’s (IPAA) Florida meeting on the Endangered Species Act (ESA) provided a forum to discuss effective ways to minimize, even eliminate, the threat ESA poses for American energy development. From developing coalitions to working with local county governments, IPAA members and allies came together to discuss the myriad ways to fight impending listings and how to make the case over time for ESA reform.
As I discussed in Florida, one key aspect of this fight is engaging Capitol Hill. Educating Members of Congress early and intelligently can help highlight the consequences of the endless stream of ESA litigation and listings, including how they impact people, their jobs, their communities, and their way of life. As the public becomes aware of what the ESA has become—not a statute to protect species, but a powerful tool to dictate land use and stop development—the prospects for passing needed reforms grow more likely over time.
Since Congress passed the Endangered Species Act (ESA) in 1973, its intended purpose, “to protect and recover imperiled species and the ecosystems upon which they depend,” has been distorted into a powerful legal weapon for activists inherently opposed to any oil and gas development. Given that revenues from energy production fund key services such as schools and infrastructure in several states, needlessly restricting energy production will have dire consequences for many communities.
In many respects, the implementation of ESA–including the quality and objectivity of science used by the U.S. Fish and Wildlife Service (FWS) to justify listing decisions, as well as the high costs that critical habitat designations have on landowners and producers, often with little or no environmental benefits—is broken. This is the case in good part because of rampant litigation sponsored by certain activist groups, which has put the ESA in direct conflict with development, whether it’s oil and gas production, road and bridge construction, or farming. These unfortunate facts are exactly what members of Congress need to hear. Armed with the facts, they can conduct the oversight needed to bring accountability to the Fish and Wildlife Service, and lay the groundwork for reforming and improving the ESA.
As ESA attorney Kent Holsinger highlighted at IPAA’s Florida meeting, the ESA litigation crisis is active and growing and hundreds of species have been brought up for listing with little or no justification. It’s clear these decisions will greatly restrict American energy development, along with the jobs and economic growth that come with it. While groups like the National Endangered Species Act Reform Coalition (NESARC) and others continue the good fight, individuals companies and organizations must continue to inform and engage Members of Congress on ESA issues.
Michael Catanzaro is a managing director in FTI Consulting’s strategic communications practice and is based in Washington, D.C. Prior to joining FTI, Mike served in a number of senior energy and environmental policy positions in government and the private sector, most recently as Senior Policy Advisor to the Speaker of the House.
