House Republicans Launch Wholesale Attack on Endangered Species

The current House Interior Appropriations Bill for 2012 is perhaps the most sweeping attempt in recent years to devastate the Endangered Species Act.  From halting the listing of any new species to gutting EPA’s ability to protect wildlife from pesticides, the bill and its amendments would eliminate many years of conservation progress.  This facts sheet discusses the three bill provisions that most affect the ESA.  In brief:

1.  U.S. Fish & Wildlife Service spending cap.  This “Extinction Rider” is the most sweeping attempt in recent history to gut the Endangered Species Act, paralyzing our nation’s ability to protect hundreds of species of imperiled wildlife.  The rider prevents the U.S. Fish & Wildlife Service from spending any money to implement some of the most crucial sections of the Act: § 4(a) to list new species; § 4(b) to designate habitat critical to a species’ survival; § 4(c) to upgrade the status of any species from threatened to endangered; and § 4(e) to assist law enforcement by protecting species that resemble listed species.  As a result, the Service could not immediately list and protect any of the over 260 “candidate species” under the Act – species that the Service has already determined warrant this protection.

2.  Calvert amendment to make ESA pesticide consultations meaningless.  Representative Ken Calvert successfully added an amendment that would largely eliminate the ESA’s ability to protect imperiled species from pesticides.  The amendment prohibits the Environmental Protection Agency (EPA) from using any funds to “modify, cancel, or suspend” the registration of pesticides in response to any ESA biological opinion.  For example, if a biological opinion restricts a pesticide from being sprayed over sensitive wildlife habitat, those restrictions would be considered “modifications” to the pesticide’s registration.  And as a result, EPA could not implement the restrictions.

3.  Provision to shield gray wolf delistings from judicial review.  This provision exempts from judicial review any final rule that delists gray wolves in Wyoming and any states within the range of the Western Great Lakes Distinct Population Segment of gray wolves (including Michigan, Minnesota, and Wisconsin), provided that FWS has entered into an agreement with the state for it to manage wolves.  The provision undercuts one of the most important checks and balances built into the ESA – public participation through the ability of citizens to request judicial review of delistings.  Of most concern are the Wyoming wolves, as the state has refused to even create a wolf conservation plan.  Should the Service delist these wolves without using the best available science, it would be important for citizen groups to have the option of asking a court to review that decision.

Eastern massasauga rattlesnake, one of over 260 candidate species.

This post was written by:

- who has written 19 posts on dotWild.

Ya-Wei Li is the Senior Director of Endangered Species Conservation at Defenders of Wildlife.

Contact the author

Leave a Reply

dotWild is the blog of scientists and policy experts at Defenders of Wildlife, a national, nonprofit membership organization dedicated to the protection of all native animals and plants in their natural communities.

www.defenders.org