Newhouse ESA Reform Bill Protects Species and Landowners

Today, Rep. Dan Newhouse (WA-04), alongside House Natural Resources Committee Chairman Bruce Westerman (AR-04), introduced the Endangered Species Act (ESA) Amendments Act, making reforms to the ESA to protect landowner rights, incentivize conservation, and increase transparency in the recovery and de-listing of species.

This legislation is a policy proposal from the ESA Working Group co-founded by Congressional Western Caucus Chairman Dan Newhouse and Chairman Bruce Westerman in July 2023.

“In the fifty years since its enactment, the Endangered Species Act has overwhelmingly failed in its mission to recover vulnerable species,” said Rep. Newhouse.

Newhouse continues, “In order to ensure that reforms to the ESA work for our species while also ending abuse of the law by anti-development activists, the Congressional Western Caucus and House Natural Resources Committee created the ‘ESA Working Group’ to propose solutions after hearing feedback from subject matter experts. The ESA Amendments Act is the result of this group, and I’m proud to introduce the bill along with Chairman Westerman. This bill will help recover species while allowing rural America to prosper.”

“We can all agree that America’s rich biodiversity needs to be conserved for generations to come,” said Rep. Westerman.

Westerman continues, “However, while initially well-intentioned, radical environmentalists have weaponized the Endangered Species Act to the point where the current law has patently failed to achieve its goals for species recovery. With the modernizing legislation we’re introducing today, we will make long-overdue reforms to the ESA and ensure the continued abundance of America's wildlife.”

“It is beyond clear that the Endangered Species Act is broken,” said Rep. Stauber.

Stauber continues, “A half-century after being signed into law, very few species listed as threatened or endangered have ever made it off the list. And whether it be the Gray Wolf or the Northern Long-Eared Bat, Minnesotans are facing the consequences of a broken ESA every day. I am proud to join Chairmen Westerman and Newhouse in introducing the ESA Amendments Act, which will make commonsense reforms to the ESA and close the loopholes that activist judges and radical environmentalists have abused to keep species listed indefinitely for decades.”

“Over the last 50 years, the Endangered Species Act has failed to be a celebration of recovery and instead has been weaponized for political activism,” said Rep. Tiffany.

Tiffany continues, “The ESA Amendments Act is much-needed legislation to give states more management, and help ensure that animals, like the gray wolf, who have met and exceeded their recovery goal are removed from the list of federal endangered species. This long-overdue modernization will not only allow for more critical infrastructure projects and economic development, but also protect rural communities and all species.”

“Back in July, the Subcommittee on Water, Wildlife and Fisheries discussed bills that continued Republican efforts to address the federal usurpations of state control and authority over a state’s water resources, combatting the Nutria infestation, and reauthorizing essential U.S. Fish and Wildlife Service conservation programs,” said Rep. Bentz.

Bentz continues, “These measures strengthen transparency, improve species recovery efforts, and respond to recent Supreme Court rulings (Chevron). Congress must continue to enact reforms that protect our communities while safeguarding our natural environment.”

“For far too long the federal government has been making listing decisions based on secret science and pseudo-science, including studies that do not allow for peer-review of the underlying data,” said Rep. Gosar.

Gosar continues, “Even more troubling is the fact that attorneys have been making millions of dollars based on frivolous lawsuits associated with the Endangered Species Act, yet the federal government doesn’t even know how much money has been paid out. The Endangered Species Act Amendments Act makes commonsense changes that increase transparency, save taxpayer money, ensure local involvement in species conservation and the designation process, limit the hourly rate attorneys can charge the taxpayers for lawsuits and require the federal government to make available to Congress and the public any data it uses to determine which species to list as endangered.”

“I am proud to cosponsor and vote in favor of the ESA Amendments Act," said Rep. Hageman.

Hageman continues, “States, not the federal government, know best how to manage species and ensure their recovery. Allowing states to develop and submit their own recovery strategies, and requiring agencies to establish objective, incremental recovery goals for threatened species while decreasing overly stringent regulations, combined with limiting judicial review during the five year recovery period, will allow more species to be delisted when their recovery goals are met. Had this bill already been in place, the Greater Yellowstone Ecosystem Grizzly – a species that surpassed recovery goals years ago – would have already been delisted.”

Original co-sponsors include: Reps. Pete Stauber (MN-08), Tom Tiffany (WI-07), Cliff Bentz (OR-02), Jeff Duncan (SC-03), Paul Gosar (AZ-09), and Harriet Hageman (WY-AL).

Background:

This legislation:

• Incentivizes wildlife conservation on private lands.
• Prevents the Secretary of the Interior from designating privately owned or controlled land as critical habitat, protecting landowners’ rights.
• Empowers states to enact species recovery plans as state and local officials know best how to manage populations without harming communities.
• Requires that removal of a species is not subject to judicial review.
• Creates greater transparency and accountability in recovering listed species.
• Appropriations authorizing number- $431,755,000 – which is the total authorized in House FY25 bills for Fish and Wildlife Service and National Marine Fisheries Service (NMFS) ESA activities.

Full bill text can be found here.

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