Western Energy Alliance opposes FWS proposals to expand ESA

Plans for the US Fish and Wildlife Service (FWS) to amend the federal Endangered Species Act (ESA) would hurt western states’ economies without delivering a commensurate benefit to endangered species, the Western Energy Alliance (WEA) said in comments about the May 9 proposals.

Changing the two rulemakings and one policy in this manner would considerably expand the ESA beyond congressional intent and assert new federal powers to control land and economic activity, the Denver-based independent producers association said. The three proposals deal with critical habitat designations and how FWS will assess ongoing private conservation actions, it noted.

By changing definitions and asserting policy that is contrary to the ESA and relevant case law, FWS would greatly expand government control on federal, state, and private lands, WEA warned.

It said the amended rules would impose severe restrictions on lands that are not occupied by endangered species but could possibly contain them in the unspecified future if theoretical changes occur due to floods, earthquakes, climate change, or other hypothetical habitat variations.

By replacing verifiable data with speculative modeling, FWS proposes to vastly expand its authority to dictate economic activity without proper justification or basis in law, WEA asserted.

“By proposing to expand its regulatory powers, FWS will discourage on-the-ground conservation projects and impose a one-size-fits-all federal approach that is less effective at protecting and recovering endangered species,” said Kathleen Sgamma, WEA’s vice-president of government and public affairs.

“The proposals often appear subtle and harmless—a changed definition here, a selective use of case law there—but would expand the already toughest environmental law well beyond what the FWS can handle administratively or what the American economy can bear,” Sgamma maintained.

Contact Nick Snow at [email protected].