By Congressman Cynthia Lummis (WY)
It is no secret that the Endangered Species Act (ESA) has become the third rail of natural resources policy. It is so thoroughly embedded into our national dialogue regarding wildlife conservation that it has become an institution unto itself. It appears the ESA is on par with our most untouchable social safety net entitlement programs. Its untouchable status, however, does no favors to the species it was designed to protect.
The ESA was created in 1973 in response to concerns regarding the decline in population of the American Bald Eagle. Since then the ESA has been a source of both pride and angst. Pride in fulfilling the original goal to ensure that species escape extinction and come off the list, as has occurred for a few iconic species like the eagle and peregrine falcon. Angst in the Act’s inability to recover more than 1% of species ever listed. Pride that we possess a national desire to do what is right by the land and wildlife we have been given to steward; angst that the means established to accomplish that goal seems more beneficial to lawyers than to the lesser prairie chicken and other species.
Funding authorization for the ESA lapsed 25 years ago, yet the prohibitions and penalties associated with the law remain in force regardless of funding. This fact has removed any incentives for careful study of the ESA by policy makers. Worse, it has thrust the courts and lawyers into the de facto role of ESA policy makers.
Most laws cannot withstand the passage of time and changes in technology and scientific development. The U.S. Fish and Wildlife Service acknowledges that only 5 percent of the over 1,000 species under review are actually improving. We can do better for species; we must do better for people. That does not necessarily require comprehensive reform, but it does require an honest discussion about the ESA that does not immediately devolve into finger pointing and anger. That is why I joined Natural Resources Committee Chairman, Doc Hastings, in announcing the formation of an ESA working group that will restart the discussion in a thoughtful and transparent way.
The working group will consist of Members from across the country and will analyze the ESA from all angles. We will hear from every interested stakeholder to unearth new ideas to improve the ESA for everyone. There are many ideas out there, most of them from people outside the beltway, and I am eager for the working group to assess each of them on their merits. My hope is that the ESA working group will help build a more sophisticated level of awareness about the law, and identify areas of improvement that can attract broad support in Congress and beyond.
We must improve the ESA to ensure that conservation and development are not mutually exclusive. Doing so starts with an open discussion that is free of rancor. I urge you to let me know your ideas, and I look forward to the task at hand.
Congressman Cynthia Lummis was first elected to represent the people of Wyoming in the U.S. House of Representatives in 2008. She is a member of the House Natural Resources, Oversight and Government Reform and Science, Space and Technology Committees.
