By Congressman Rob Bishop (Ut-01)
The Endangered Species Act (ESA) was signed into law by President Richard Nixon on December 28, 1973. Since then, 2095 species have been placed on the endangered species list. Over the past forty years only 30 species are considered to be recovered. The law’s lack of success, which falls just under 2%, can be attributed to its misuse. The original purpose of the ESA was to protect threatened species. However, the law has become a tool by activist groups and the federal government to shut down development and place limitations on land use. The ESA has sadly become a resource to achieve a much broader agenda that goes beyond the recovery of species.
The ESA is one of the most effective roadblocks to limiting land use. The mere consideration of a plant or animal species as a candidate for an ESA listing has proven capable of shutting down home energy development, agriculture, logging, mining, fire mitigation, ranching, and recreation on both public and private lands. For radical environmental groups, it is one of the most effective arrows in their quiver. It is also one of the few laws that give the federal government the authority to trample on our most basic property rights.
There is ample evidence of the ESA being used to systematically stop development from occurring. In my home state of Utah, the listing of the Gunnison Sage Grouse has effectively blocked energy development in a section of San Juan County that is known to be rich in oil and gas resources. Despite the abundant opportunities for development, the Gunnison Sage Grouse’s listing has thwarted potential development in this area.
The level of impact that the ESA has on industries and communities in Utah and other states around the country is staggering. It decimated the agriculture community in California’s Central Valley, shifted oil and gas producers away from federally owned lands, and has prevented many other industries from making good use of otherwise fallow federal land. I recall an account where Geologist Don Fife asked a U.S. Forest Service (USFS) employee about the listing of a prominent weed and was told that “everybody knows they’re not really endangered we just need them to stop mining.” Later, Don Fife successfully secured a signed affidavit that said “
The fact remains that many species are erroneously listed as endangered or threatened. This is often the result of flawed or manipulated scientific research. Such is the case regarding the Greater Sage Grouse. Recently discovered documents between U.S. Fish and Wildlife Service employees show efforts to reverse engineer data to ensure that, regardless of what the scientific data show, the Greater Sage Grouse would be listed. In the meantime, ranchers, farmers, and other land users are frantically scrambling and spending thousands of their hard earned dollars to protect themselves, their land, and their livelihoods against the repercussions of the listing. This is not what was intended to become of the ESA but thanks to activist judges and an overly litigious society, radical environmentalists have succeeded in corrupting the law as a way to advance their political agendas.
The threat of lawsuit has also proven to effectively incentivize the federal government to seek out of court settlements for pending petitions. Facing onerous legal fees and court battles, settlements have proven to be a less costly route for the federal government and a quicker way for special interest groups to achieve their desired goal. This process is concerning for many reasons, including the fact that it occurs behind closed doors and there is little accountability or transparency required of either party. This is a boon for lawyers and special interest groups, and through the Equal Access to Justice Act, the American people are left holding the bill.
There is no question that the ESA must be reformed. It’s ineffective and costly and allows radical special interest groups to run rough shod over the interests of the American people. Congressman Doc Hastings (WA-04), who serves as Chairman of the House Natural Resources Committee, recently established the Endangered Species Act Working Group. The group is actively working to find solutions and reforms that will prevent abuse of the law while also ensuring that deserving species are protected.
The real solution isn’t more federal involvement, but less. State land managers have proven to be far more successful at species recovery and management. The Grey Wolf is a great example. The states worked with stakeholders to develop and implement plans to help this species thrive. Ironically, the greatest hindrance to their efforts was the federal government. If the federal government would relinquish control to the states with regards to management of endangered plant and animal species, we would see enhanced conservation and recovery programs. These days, less federal involvement seems to be the solution to just about all of our problems and endangered species is certainly not an exception.
A public school teacher turned public servant, Congressman Rob Bishop represents Utah’s First Congressional District in the U.S. Congress. Rob is now in his sixth term in the House. Rep. Bishop serves on the House Armed Services Committee, the powerful House Rules Committee, and the Committee on Natural Resources where he is Chairman of the Public Lands and Environmental Regulation Subcommittee.
