Endangered Species Act

By Rich Kozlovich

One of the things we need to understand is that when this was first proposed and voted on by the Congress there was little discussion and few negative attitudes about ESA. Most had 'romantic' species such as elk, buffalo and the bald eagle in mind. However the stories about the deliberate decimation of the buffalo and the passenger pigeon were clearly on their minds and they wanted to stop people from deliberately destroying species. They never had a clue what was really behind the ESA. The greenies did.

Please review my articles, ESA Outrages, Part 1, ESA Outrages, Part 2 and ESA Outrages, Part 3.

If this is to be fixed the ESA must be repealed and they have to start over again. Amendments to this act is like putting a coat of paint on a rotten house and expecting it to be fixed.

Endangered Species Act a federal land grab?

Calling the Endangered Species Act abused by activists and the U.S. Fish & Wildlife Service (USFWS), Texas Agriculture Commissioner Todd Staples, in testimony to the United States House of Representatives Committee on Natural Resources this week, warned that such abuse threatens the economy and the rights of rural land holders.

The committee is holding an oversight hearing, titled “Taxpayer-Funded Litigation: Benefitting Lawyers and Harming Species, Jobs and Schools,” which is examining how litigious groups use the Endangered Species Act and other federal laws to hinder species recovery, jobs and education.

“It is clear the ESA has been used to accomplish the goals of radicals and those seeking to expand the reach of government,” Staples communicated to the Committee in a prepared statement of testimony. “Congress needs to step in to end this game of ‘endangered chicken’ once and for all. The U.S. Fish and Wildlife Service is recklessly driving the taxpayers’ truck on a collision course with our economy, food producers, true species steward landowners and taxpayers. Let’s hope Congress takes the keys away before more damage is done.”

Habitat for Salamanders, and Texans,
By Cong. John Carter

Texas Insider Report: AUSTIN, Texas – When Congress created the Endangered Species Act (ESA) in 1973, it was with noble goals in mind. We wanted to save and restore our populations of eagles, bison & other species that were in danger of extinction. But in recent years we have seen the ESA hijacked by special-interest groups using the courts to impose a radical anti-development, preservationist agenda on the nation.

This agenda is not about saving species. It is about gradually blocking future economic development and suburban growth, and using the ESA to effectively seize control of private land.

In May 2011 USFWS signed a settlement agreement to a lawsuit filed by a group called WildEarth Guardians which forces USFWS to make endangered species determinations on at least 251 species over the next six years.

Texas Comptroller Urges Amendment to the Federal Endangered Species Act

Texas Comptroller Susan Combs today urged a federal committee on Natural Resources to amend the Endangered Species Act (ESA), and she provided recommendations to make the process more science-based, cost effective and transparent. In comments submitted to the U.S. House Committee on Natural Resources Oversight Hearing, Combs said excessive ESA litigation can increase regulatory uncertainty for many entities such as private landowners and businesses. In this economy, putting jobs at risk without science is irresponsible, Combs said.

“We continue to reiterate that sound peer-reviewed science must be used in all listing decisions, and conservation efforts should be implemented, if necessary, in close coordination with impacted stakeholders,” Combs said to the oversight hearing which was titled, “Taxpayer-Funded Litigation: Benefitting Lawyers and Harming Species, Jobs and Schools.”


Press Release

WASHINGTON – U.S. Representative Cynthia Lummis (R-Wyo) is scheduled to testify before the House Natural Resources Committee, Tuesday, during the panel’s hearing entitled, “Taxpayer-Funded Litigation: Benefiting Lawyers and Harming Species, Jobs and Schools” The Endangered Species Act (ESA) is supposed to be the nation’s preeminent law for the conservation and protection of threatened plant and animal species. Unfortunately, over its lifetime, the ESA has had only a 1% success rate. Tuesday’s hearing is to analyze the extent to which litigation has helped or hindered the success of ESA.

Rep. Lummis will lend her expertise, gained through research for her legislation the Government Litigation and Savings Act (GLSA), to Tuesday’s panel. GLSA, which passed the House Judiciary Committee this past November, closes a loop hole in the Equal Access to Justice Act (EAJA). Originally intended as a social safety net program that allows for the reimbursement of attorney’s fees to seniors, veterans and small businesses when wronged by the federal government, in recent years litigious environmental groups have accessed tax-payer funded EAJA payments despite the clear intent of Congress.

GLSA closes this loophole, and strengthens EAJA reimbursements to the seniors, veterans and small business owners it was always intended to serve. “Both the ESA and EAJA were created for the right reasons but both have gone wrong over time,” Rep. Lummis said. “I am grateful that the Chairman Hastings is taking on the monumental task, and am eager to be helpful in modernizing the ESA while ensuring that EAJA is restored to its original intent.”

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