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When Deciding Which Endangered Species to Prioritize, What Role Do Biodiversity and Ecosystem-Level Assessments Play?

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. Rather than approaching species conservation through a more holistic consideration of a species' importance within its ecological community, giving broader attention to biodiversity, or looking to the ability of a species to provide ecosystem services, this decision has had the effect of a creating a gap between politics and ecology. Critics of the ESA who argue the law does not go far enough have long advocated for these more comprehensive approaches. 

To date, scientists have bolstered recommendations for species conservation based in part on biodiversity and ecosystem effects. However, these have had a scientific basis rather than a legal one. Could the species triage framework advanced by Australia's Hugh Possingham and Arizona State University Professor Leah Gerber (see my previous ESA post for more on that) help to fill this gap and provide an impetus for FWS to update its thinking and shift toward a more ecologically coordinated and consistent framework? 

Transitioning FWS guidance toward a triage approach may help to formalize the ad hoc prioritization process that already takes place, but in a concrete way with a distinct legal foundation. In addition, placing recovery potential's importance ahead of extinction risk also opens the door to grapple with some aspects of the ESA that critics have long identified. 

For example, species triage may help to force FWS' hand to place other factors – such as climate adaptation issues – into their prioritization calculus. Not only would this help to more accurately determine recovery potential, but it could also have serious implications for future listing issues. Although the triage approach focuses on saving species with a high recovery potential, it has yet to be determined whether or not climate will be taken into account for recovery projections and rankings. However, considering the measurable changes to water and land environments already underway due to climate change, including increased temperatures and shifting habitat zones, systematically determining how viable a species' ability to recover is in light of changing environments will be essential in conversations about funding priorities. 

The other question, beyond climate, is whether or not recovery potential could also be expanded to encompass other applications of the "how worthwhile is it?" mantra of species triage. This includes asking what role, if any, should biodiversity, ecosystem importance, and ecosystem services play in evaluating the application of this approach. Considering the constraints of the individual species-focused statute, the likelihood of these questions overriding attention to single species is low, even under a species triage methodology. Despite this, touting species triage as an approach that can redirect already allocated ESA funding in ways that save more species more consistently may be a successful way forward. 

Questions and potential problems remain. If a keystone species experiences a high risk of extinction, but its recovery potential is deemed exceptionally low due to a fully diminished environment, including reduced food sources and degraded habitat, how will its resource allocation be determined? Since losing that species may collapse an entire ecosystem, would the essential nature of that species be able to override the "futility" measure? And more generally, how will futility be defined? Defining some of these problems and working out how flexible FWS could be will be crucial in assessing whether the species triage approach means simply an updated ad hoc protocol or a new era of successful conservation.

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Jarryd Page | July 31, 2017

When Deciding Which Endangered Species to Prioritize, What Role Do Biodiversity and Ecosystem-Level Assessments Play?

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. […]

David Flores | July 27, 2017

Trump’s Deregulatory Agenda Is an Assault on Climate-Threatened Communities

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

Trump’s Unified Agenda: Sending the Energy Sector Back to the Dark Ages

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

Pending House Bill Would Drastically Limit State Protections for Public Health, Safety, Environment

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

Is OSHA Out of the Worker Protection Business?

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 […]

Katie Tracy | July 21, 2017

OSHA to Expand Voluntary Protection Programs without Assessing Benefits to Workers

On Monday, July 17, the Occupational Safety and Health Administration (OSHA) convened a public meeting to hear input from stakeholders about how the agency might grow and strengthen its Voluntary Protection Programs (VPP). Given the change in administration, the announcement was no surprise.  Growing the VPP had also been a priority of the George W. […]

James Goodwin | July 20, 2017

Benefits Lost: The Blueprint for the Trump Administration’s Assault on Our Safeguards

Early this morning, the Trump administration released its Spring 2017 Regulatory Agenda, which outlines the regulatory and deregulatory actions the administration expects to take over the next 12 months. Because it is the first of the Trump administration, this document is particularly significant. By comparing it with the last Regulatory Agenda of the Obama administration, […]

Rena Steinzor | July 19, 2017

New Analysis Exposes the Trump Administration’s Rulemaking Delays

Early in the Trump administration, news about delayed and “disappeared” rules emerged in several media outlets. Many of these delays were driven by a memo issued by Trump White House Chief of Staff Reince Priebus on January 20, 2017, which “froze” the implementation of rules until March 21, 2017, so that a representative of the […]

Katie Tracy | July 17, 2017

Does TSCA Reform Have a Future?

June 22 marked the one-year anniversary of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the first major update to the Toxic Substances Control Act (TSCA) since its original enactment in 1976. The measure set a one-year deadline for EPA to complete several actions to implement the law, including finalizing its procedural […]