Opinion Pieces

This piece was originally published in Agri-Pulse.

In its 50 years, the Endangered Species Act has only recovered around 3% of listed species. Only the federal government would consider that a success story.

It is abundantly clear the ESA has failed in its intended mission of species recovery. The only area in which the law has succeeded is as a mechanism for environmental activists to impede, delay, and kill economic development across rural and western America while trampling on the rights of private landowners.

This is why we recently introduced the ESA Amendments Act of 2024. The legislation implements measures to return power to state and local officials who understand species habitat better than career bureaucrats in Washington.

The ESA Amendments Act includes important reforms to incentivize wildlife conservation on private lands, end the constant cycle of litigation around delisting species, and instill greater transparency and accountability in recovery efforts.

Take the Rice’s Whale in the Gulf of Mexico, for example. At the time it was listed, the National Marine Fisheries Service said, “the best available scientific evidence indicates that the BIA [Biological Important Area], located in the De Soto Canyon area of the northeastern Gulf of Mexico, encompasses the current range of Gulf of Mexico Bryde's whale [now known as the Rice’s whale].”  

Since then, environmental activists have used the ESA listing process to significantly expand the Rice’s whale critical habitat beyond the De Soto Canyon to include parts of the western Gulf.  This gave the Biden-Harris administration a convenient excuse to delay Lease Sale 261, a resources-rich parcel of 11 million acres in the Gulf. This is no small matter, as the Gulf of Mexico region accounts for around 15% of America’s oil production.

Often, even recovered species remain listed as threatened or endangered to appease the extreme environmental activists. A prime example is the Biden-Harris administration’s refusal to delist the Greater Yellowstone Ecosystem grizzly bear despite the species’ population surpassing all necessary recovery levels. Another example is environmental groups' effort to protect a fish species like the three-inch Delta smelt while depriving California’s Central Valley farmers of water, threatening agricultural operations in one of America’s critical production areas.

One thing is clear: Congress is long overdue in advancing reforms that empower private landowners while at the same time protecting vulnerable species.

As Chairmen of the Congressional Western Caucus and the House Natural Resources Committee, we established a bipartisan working group in July 2023 to analyze where and why the ESA has failed and engage stakeholders from across the country on the necessary changes to bring the ESA into the 21st Century.

Field experts and landowners told us the myriad ways they have been adversely impacted by the law’s weaponization and red tape. Members heard from stakeholder groups representing those affected by ESA abuse: farmers, ranchers, sportsmen, and small business owners.

Members also engaged with organizations that are dedicated to the active management and conservation of wildlife and their habitats to gain their perspective on how the ESA can be improved. Feedback like this is essential to ensure reforms to the law protect rural Americans’ livelihoods and way of life while also protecting vulnerable species.

Without action, species and communities will continue to suffer. The ESA Amendments Act ensures that the ESA is once again laser-focused on recovery while at the same time ensuring private property rights are maintained and protecting the viability of rural and western America.

Dan Newhouse represents Washington’s 4th Congressional District and serves as chairman of the Congressional Western Caucus.

Bruce Westerman represents Arkansas’ 4th Congressional District and chairs the House Natural Resources Committee.