In spite of its documented success in conserving vulnerable species and ecosystems, as well as robust and enduring support among American voters, the federal Endangered Species Act has not been spared from calls to devolve funding and authority from the federal government. As this trend has gained increasing support within the 115th Congress and the Trump administration, Sen. John Barrasso (R-WY), Chairman of the Senate Environment and Public Works Committee, is widely expected to introduce legislation that seeks to erode federal support for species conservation. Under the banner of "modernization" and through the mechanisms of devolution, the bill is anticipated to transfer responsibility for the protection and recovery of imperiled species to the states. But as a new report shows, states are not ready to take on this crucial responsibility.
The report, released August 2 by the Center for Land, Environment, and Natural Resources at the University of California, Irvine School of Law, provides a detailed analysis of state endangered species laws and funding to implement the federal ESA. It compares state endangered species protections against the federal law in terms of existing statutes, the extent of species covered, standards and provisions for listing species, authority for recovering planning, designation of critical habitats, substantive and land-use restrictions, consultation for public action, and habitat modification. Though a few states do include robust protections that mirror or complement the federal ESA, across all of these areas, the report overwhelmingly found that existing state laws lack the capacity to protect and recover endangered species as compared to the federal law.
More dramatically, the report reveals that states' contributions to implementing the ESA account for only five percent of total ESA spending, and that as federal spending has increased over time, state spending has remained stagnant. The report also notes that 64 percent of states cover fewer species than the federal statute; less than a quarter of states require that government agencies involved in projects that might put species or habitats at risk consult with those involved in managing endangered species; more than three-quarters of states' ESA laws fail to provide for the designation of critical habitat; and only two states have provisions giving full authority to plan for species recovery.
Given these findings, the report concludes that without significant state law reforms and a massive expansion of funding in most states, devolution of federal authority and responsibility over threatened and endangered species to states is likely to undermine conservation and recovery efforts, lead to a greater number of species becoming imperiled, and result in fewer species recovered. "Modernization" of the ESA, in these terms, seems less a transfer of responsibility for species protection from one sphere of government to another than it is a clear pronouncement that the protection of the most vulnerable species is simply not the responsibility of government.
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Alejandro Camacho | August 4, 2017
In spite of its documented success in conserving vulnerable species and ecosystems, as well as robust and enduring support among American voters, the federal Endangered Species Act has not been spared from calls to devolve funding and authority from the federal government. As this trend has gained increasing support within the 115th Congress and the […]
Rena Steinzor | August 2, 2017
Obama’s Fall 2016 Versus Trump’s Spring 2017 Unified Agendas On July 20, 2017, the Trump administration announced that it was going to kill hundreds of rules considered by previous administrations to protect public health, worker and consumer safety, the environment, and working people navigating the financial services marketplace. The Trump Spring 2017 “regulatory agenda” was […]
Matt Shudtz | August 1, 2017
August is the time for back-to-school shopping, leading parents everywhere on the search for the best deals to fill our kids’ backpacks. When that search ends at bargain outlets and dollar stores, though, there is a hidden cost many may not be aware of: the health burden from toxic chemicals in cheap consumer goods. Our […]
Jarryd Page | July 31, 2017
This post is the second of a pair focused on the challenges facing the Endangered Species Act and the U.S. Fish and Wildlife Service in the 21st century. You can read the first post here. In drafting the 1973 Endangered Species Act (ESA), Congress gave explicit attention and priority, and therefore funding, to individual species. […]
Jarryd Page | July 31, 2017
This post is the first of a pair focused on the challenges facing the Endangered Species Act and the U.S. Fish and Wildlife Service in the 21st century. You can read the second post here. Imagine yourself in a sinking ship. The water is rising quickly. Around you are 20 unique, precious artifacts, among the last of […]
David Flores | July 27, 2017
Late last week, we shared our first take on how the Trump administration’s 2017 deregulatory agenda threatens to knock the wheels off of agency efforts to protect workers, consumers, and vulnerable populations – like children and homeless families – from air pollution, flooding, and explosions in the workplace, among other hazards. After some additional research, […]
Hannah Wiseman | July 26, 2017
President Trump’s first Unified Agenda of Regulatory and Deregulatory Actions, released last week, aims to cut regulations across the board, but the broad swath of energy programs and regulations under the ax is particularly notable. The U.S. energy sector, finally catching up with the rest of the world, has modernized by leaps and bounds in […]
Emily Hammond | July 25, 2017
The newest dangerous proposal filtering through Congress is H.R. 2887, the "No Regulation Without Representation Act of 2017." Packaged as a prohibition on states regulating outside of their borders, the bill is a Trojan horse that usurps the states' role in the federal system and threatens their ability to protect their own citizens from harm. […]
Katie Tracy | July 24, 2017
When President Trump released his spring Unified Agenda last week, he made it abundantly clear that he has no interest in protecting workers from occupational injuries and diseases. The White House released the agenda amid what it called “Made in America” week, but instead of recognizing workers and advocating for safe and healthy jobs and […]