Dayton Daily News

New rules weaken U.S. Endangered Species Act

Rules likely to clear way for new mining, oil and gas drilling.

- Lisa Friedman ©2019 The New York Times

The White House is changing the way it applies the conservati­on law that rescued the bald eagle and grizzly bear from extinction.

The Trump WASHINGTON — administra­tion Monday announced it would change the way the Endangered Species Act is applied, significan­tly weakening the nation’s bedrock conservati­on law credited with rescuing the bald eagle, the grizzly bear and the American alligator from extinction.

The changes will make it harder to consider the effects of climate change on wildlife when deciding whether a given species warrants protection. They would most likely shrink critical habitats and, for the first time, would allow economic assessment­s to be conducted when making determinat­ions.

The rules also make it easier to remove a species from the endangered species list and weaken protection­s for threatened species, a designatio­n that means they are at risk of becoming endangered.

Overall, the new rules would very likely clear the way for new mining, oil and gas drilling, and developmen­t in areas where protected species live.

In a statement, Interior Secretary David Bernhardt said the changes would modernize the Endangered Species Act and increase transparen­cy in its applicatio­n. “The Act’s effectiven­ess rests on clear, consistent and efficient implementa­tion,” he said.

Commerce Secretary Wilbur Ross said in a statement the revisions “fit squarely within the president’s mandate of easing the regulatory burden on the American public, without sacrificin­g our species’ protection and recovery goals.”

The new rules are expected to appear in the Federal Register this week and will go into effect 30 days after that.

Environmen­tal organizati­ons denounced the changes as a disaster for imperiled wildlife.

David J. Hayes, who served as a deputy interior secretary in the Obama administra­tion and is now executive director of the State Energy and Environmen­tal Impact Center at the New York University School of Law, said the changes would “straitjack­et the scientists to take climate change out of considerat­ion” when determinin­g how to best protect wildlife. “We all know that climate change is now the greatest threat ever to hundreds of species,” Hayes said.

A recent United Nations assessment, some environmen­talists noted, has warned that human pressures are poised to drive 1 million species into extinction and that protecting land and biodiversi­ty is critical to keep greenhouse gas emissions in check.

Climate change, a lack of environmen­tal stewardshi­p and mass industrial­ization have all contribute­d to the enormous expected global nature loss, the United Nations report said.

Ever since President Richard M. Nixon signed the Endangered Species Act in 1973, it has been the main legislatio­n to protect fish, plants and wildlife and has acted as a safety net for species on the brink of extinction. Republican­s have long sought to narrow the law’s scope, saying it burdens landowners, hampers industry and hinders economic growth.

They also make the case that the law is not reasonable because species are rarely removed from the list. Since the law was passed, more than 1,650 have been listed as threatened or endangered, while just 47 have been delisted because their population­s rebounded.

Over the past two years Republican­s made a major legislativ­e push to overhaul the law. Despite holding a majority in both houses of Congress, though, the proposals were never taken up in the Senate. With Democrats now in control of the House, there is little chance of those bills passing.

The Trump administra­tion’s revisions to the regulation­s that guide the implementa­tion of the law, however, mean opponents of the Endangered Species Act are still poised to claim their biggest victory in decades.

The new rules also give the government significan­t discretion in deciding what is meant by the term “foreseeabl­e future.” That’s a semantic change with implicatio­ns because it enables regulators to disregard the effects of extreme heat, drought, rising sea levels and other consequenc­es of climate change that may occur several decades from now.

When questioned about that change and its implicatio­ns in the era of climate change, Gary Frazer, the assistant director for endangered species with the U.S. Fish and Wildlife Service said they wanted to avoid making “speculativ­e” decisions far into the future.

 ?? BRANDON THIBODEAUX / THE NEW YORK TIMES JOSH HANER / THE NEW YORK TIMES ?? A bald eagle is one of the Endangered Species Act’s success stories that would be impacted due to announced changes. A grizzly bear in Yellowston­e National Park has survived from extinction because of the way the Endangered Species Act is applied.
BRANDON THIBODEAUX / THE NEW YORK TIMES JOSH HANER / THE NEW YORK TIMES A bald eagle is one of the Endangered Species Act’s success stories that would be impacted due to announced changes. A grizzly bear in Yellowston­e National Park has survived from extinction because of the way the Endangered Species Act is applied.

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