Opposing view: Upgrade and modernize the species law
After 45 years, the Endangered Species Act is in need of an upgrade, and the Trump administration’s proposed changes to modernize the act would provide benefits across the board.
The plan represents a positive development that would streamline a cumbersome and bureaucratic permitting process that has needlessly raised the cost of housing; allow federal regulators to spend more time on species preservation rather than red tape; and encourage landowners, environmentalists and government officials to work together to protect endangered species.
Under the law’s consultation process, builders and developers whose projects require a federal permit and affect endangered species are thrust into a process whereby federal agencies must confer before the landowners can move forward. This process usually results in costly permitting delays and even the loss of buildable lots.
Streamlining the consultation process in a responsible manner would shorten the wait for permits without sacrificing protection for species.
Requiring the appropriate federal agencies to specify what information the developer or builder must supply so the agencies can complete their review would also help eliminate some of the time-consuming and often unnecessary permitting delays that have plagued the consultation process.
The administration is also proposing a commonsense change to the designation process of unoccupied critical habitats so that “there is a reasonable likelihood that the area will contribute to the conservation of the species.” In other words, developers and builders who have land that is situated on an unoccupied area would not be forced to engage in extensive mitigation unless their property is an area that is truly necessary to protect a species.
These proposed reforms to the act’s regulations would discourage costly litigation disputes and encourage private property owners to work more closely with environmental groups and government officials to protect and recover endangered species.