Issues
ESA Reform Heads to House Floor. Next week, the House of Representatives is expected to take up H.R. 4315, the 21st Century Endangered Species Transparency Act. This important legislation combines H.R. 4315, H.R. 4316, H.R. 4317 and H.R. 4318 in an effort to improve and update the Endangered Species Act (ESA) – the first action of its kind in 8 years.
The bills focus specifically on transparency and the costs associated with litigation surrounding the ESA. Two of the proposed bills, H.R. 4315 and H.R. 4317, address the public availability and transparency of the data, models and science used by federal agencies to justify ESA listing decisions. The remaining two proposals, H.R. 4316 and H.R. 4318, address litigation and the payment of attorney’s fees by the federal government to those who sue the United States over endangered species decisions or inaction.
Chairman Hastings described the bills as “something that both Republicans and Democrats can support.” He noted the goals of the bills are to increase transparency and, while not all encompassing, are “important steps in making smart and sensible updates to the ESA.”IPAA supports this legislation and intends to score a “yes” vote on our Congressional Score Card for the 113th Congress. IPAA will be monitoring the discussion surrounding these bills and continue to report back to ESA Watch followers.
Senator Also Looks at Reform. U.S. Sen. John Cornyn (R-Texas) also introduced legislation this week to enhance transparency surrounding the listing process for endangered species carried out by the Fish and Wildlife Service and the National Marine Fisheries Service. The legislation would require both the Department of Interior and Commerce make data related to future ESA listings and delisting decisions publically available on the internet. According to the Senator, “With more than 700 species under review for listing, this bill would boost transparency and ensure Texans and citizens across the country have full access to same data these agencies use to determine their listings.”
IPAA Discusses ESA Issues. This week, IPAA’s Government Affairs Strategy Group (GASG) held a meeting to discuss the Endangered Species Act (ESA) and efforts to reform the Act moving forward. IPAA hosted staff from the House Natural Resources Committee’s Water & Power Subcommittee and the full Resources Committee staff, who outlined some of the work the committee is undertaking on possible reforms to the ESA and the path they see moving forward on this issue. Next week’s floor debate on the ESA and H.R. 4315 were primary topics of conversation, as well as the importance of this and related bills in enhancing transparency surrounding the ESA. While not comprehensive reforms, these bills represent a common sense first step to improve the act and its effectiveness.
Members Upset with Report Delays. Earlier this month 13 members of Congress, including House Natural Resources Committee Chairman Doc Hastings (WA-04) and House Agriculture Committee Chairman Frank Lucas (OK-03), sent a letter urging the Secretary of Agriculture Tom Vilsack to provide information required under the Agricultural Act Conference Report. The report was passed by the House in January 2014 and later signed by the President the following month. Under the law, the department is required to submit a cost and analysis of each activity administered by the department and its agencies related to the conservation of the lesser prairie chicken.
From the congressman’s letter:
“This report is perhaps even more important now, following the U.S. Fish and Wildlife Service’s (FWS) decision in March 2014 to list the lesser prairie chicken as threatened under the Endangered Species Act (ESA). In our view, it is unfortunate that this listing, driven by the Department of the Interior’s settlement deadline negotiated with certain groups, proceeded despite the FWS’ approval last fall of a comprehensive five-state rangewide plan that is already demonstrating positive results for the lesser prairie chicken. We request that your Department provide this report immediately to appropriate Committees as required by the law, so that millions of private landowners, states and other stakeholders that are investing significant resources for conservation of this species can ensure that the cost and effectiveness of federal programs are being properly accounted for, and to provide Congress information it requested prior to the listing.”
The law required that information be submitted to Congress within 90 days, yet over 150 have already passed. Read their full letter HERE.
In the News
Jumping mouse set to make big splash at House hearing. E&E News. The Fish and Wildlife Service listed the mouse as “endangered” this month, pointing to cattle grazing as a primary threat to the mammal’s survival. Cows can eat and trample the dense, herbaceous plants the mouse relies upon for insects and seeds as well as building materials for its nests that shelter it from predators.
Environmental Protection Agency and U.S. Army Corps of Engineers Proposed Rule Defining “Waters of the United States” Under the Clean Water Act. JD Supra. An increase in jurisdictional waters may make it more difficult for a project to qualify for coverage under a U.S. Army Corps nationwide permit. Statutes such as the National Environmental Policy Act, Endangered Species Act, National Historic Preservation Act, and the CWA’s Section 401 certification requirements that are triggered through a federal permit application would find increased applicability because of the broadened CWA jurisdiction.
At Least One Idaho Wind Farm Has Been Scrapped Because Of Sage Grouse. Boise State Public Radio News. The sage grouse represents a much bigger challenge for states like Idaho than its turkey-like stature might suggest. The bird is considered an important part of the high desert ecosystem, but it’s sensitive to man-made development and its numbers are declining.
Conservancy: USFWS guilty of violating Bald Eagle Act. Lakeland Times. Now a bird preservation organization says it’s the USFWS itself that is violating the act, and it has sued the agency over what it says is a rule that could endanger thousands of bald and golden eagles. Indeed, the American Bird Conservancy asserts, the USFWS has committed multiple violations of federal law. In June, the ABC filed suit in federal court over a rule promulgated by the agency that allows wind-energy companies to kill or injure eagles with immunity from prosecution for the next 30 years – in effect, allowing them to kill protected wildlife for decades despite the federal law.
Oil and gas unfairly targeted. Great Falls Tribune (Op-Ed).At the end of the day, the Endangered Species Act has had an enormously negative impact on Montana’s economy, which will continue long into the future. Currently, lynx and wolverines are being eyed for protective measures in central and western Montana. Meanwhile, sage grouse and Sprague’s Pipit are posing problems in eastern Montana.
U.S. Fish and Wildlife Service Proposes Credit Program for At-Risk Species. JD Supra (Blog). The U.S. Fish and Wildlife Service recently announced a proposed policy establishing credits for voluntary prelisting conservation actions for imperiled species. The policy is intended to establish an additional measure for encouraging and awarding voluntary actions to protect species that may be listed as endangered or threatened under the Endangered Species Act (ESA).
Report: Assessing the Future Vulnerability of Wyoming’s Terrestrial Wildlife Species and Habitats: This assessment analyzed the vulnerability of 131 terrestrial Species of Greatest Conservation Need (SGCN), 11 terrestrial habitat types, and 44 terrestrial priority areas to climate change, residential and energy development, and wildlife disease, as well as cumulative vulnerability to all three of these stressors. These terrestrial species, habitats, priority areas and challenges to wildlife were identified in Wyoming’s 2010 State Wildlife Action Plan (SWAP). (Link)
