New Rule Will Reduce Future Endangered Species Protections

A new rule that will significantly limit protections for endangered and threatened species under the Endangered Species Act (ESA) was announced by the Trump Administration on August 12, 2009, and will take effect 30 days after its publication in the Federal Register. Note that ESA issues related to the Atlantic Coat Pipeline and the Mountain Valley Pipeline are not impacted by the new rule, as it is only applicable to future listing and delisting of threatened and endangered species.

The Trump Administration says the new rule will ease “the regulatory burden on the American public.” Environmental and conservation groups have a different take:

  •  Undermining this popular and successful law is a major step in the wrong direction as we face the increasing challenges of climate change and its effects on wildlife. – Lena Moffitt, Sierra Club
  • “We are in the midst of an unprecedented extinction crisis, yet the Trump Administration is steamrolling our most effective wildlife protection law. This Administration seems set on damaging fragile ecosystems by prioritizing industry interests over science. – Rebecca Riley, Natural Resources Defense Council
  • “Threatened and endangered fish, wildlife and plants in our national parks already face habitat changes and impacts of a climate crisis that is accelerating each year. Instead of working with Congress and states to better protect and restore wildlife as the climate changes, the Trump administration is reinterpreting the Endangered Species Act to weaken protections. – Bart Melton, National Parks Conservation Association.

In an August 22, 2019 letter to the editor of The Recorder, Robert “Bobby” Whitescarver says, “Representative Leonor Sullivan (D) stated the reason for the law succinctly on July 27, 1973, on the House floor when she introduced the bill: ‘From the most narrow possible point of view, it is in the best interest of mankind to minimize the losses of genetic variations. The reason is simple: they are potential resources. They are the keys to puzzles which we cannot solve, and may provide answers to questions which we have not yet learned to ask.’ In other words, it is not wise to wipe off the face of the Earth a species that could hold the cure for cancer or any number of human ailments. Today, one-fourth of all pharmaceuticals come from, or are derived from, plant and animal material.”

The courts have twice tossed out the permit for allowing the elimination or “taking” of an endangered species or its habitat by Dominion. Whitescarver concludes, “If a bee, a bat, a mussel, or a crustacean can stop Dominion’s pipeline, I’m all for it. I wish the people in its path had as much standing in court as the critters.” With the new ruling, it seems that neither the people in the path nor endangered/threatened species would have any power against the will of for-profit corporations.