Endangered Species Act Reform Passes U.S. House

Press Release

The first reforms to the Endangered Species Act (ESA) since 1988 passed the U.S. House of Representatives today. Congressman Kevin Cramer cosponsored the legislation and said the changes to the law are necessary to protect the livelihoods of farmers and ranchers from being harmed by litigation from environmental activist groups.

The Endangered Species Transparency and Reasonableness Act aims to improve the ESA, which was created in 1973 and has a species recovery rate of less than two percent. It would promote transparency by requiring data used to make species listing decisions be publicly accessible through the internet, increase cooperation with states, tribes and local governments by mandating the federal government include their data before making a determination, and curtail frivolous lawsuits by placing a reasonable cap on attorney fees for suits filed under the ESA and requiring the U.S. Fish and Wildlife Service to publish information on the funds used to respond to ESA lawsuits, the number of employees dedicated to litigation, and attorney fees awarded through ESA litigation and settlement agreements.

The Equal Access to Justice Act limits the hourly rate for prevailing attorney fees to $125 per hour. However, no such fee cap currently exists under the ESA, and attorneys have often been paid upwards of $400, $500, or even $700 per hour in taxpayer funds. This bill would put in place the same $125 per hour cap on attorney fees for suits filed under the ESA.

"The endless stream of frivolous lawsuits from out-of-control environmental activists is harming the livelihoods of farmers and ranchers and crippling the ability of the ESA to accomplish its intended goals. We need to leverage the power of transparency to create a more sensible endangered species policy which respects the livelihood of private citizens," said Cramer.

Cramer is a member of the Natural Resources Committee, which has held several hearings in an ongoing effort to reform the ESA. Last year the Committee held a field hearing in Billings, Montana requested by Cramer and colleagues to examine the potential impacts of the Greater Sage Grouse potentially receiving an endangered species listing. Part of the Greater Sage Grouse habitat is found in southwestern North Dakota. Between 1999 and 2003, environmental groups filed eight petitions to add an ESA listing for the Greater Sage Grouse to which the Fish and Wildlife Service (FWS) found in 2005 did not warrant a listing. Five lawsuits were subsequently filed by environmental groups against the FWS and in 2011 reached a settlement requiring the FWS to make a final listing determination no later than September 30, 2015. Such a listing could have severe repercussions on agriculture, energy production, and outdoor recreation activities in the state.

"North Dakota also faces other listings including the Dakota skipper butterfly and the northern long-eared bat with no online data transparency and minimal input from state and local officials. If these groups have their way, these listings could have severe repercussions on agriculture, energy production, and outdoor recreation activities in North Dakota," Cramer added.

Source