Endangered Species Act bills

Last Wednesday, the House Committee on Natural Resources voted on a series of bills related to the Endangered Species Act (ESA) and its enforcement. Among the most relevant to ranchers were H.R. 424, H.R. 3131, and H.R. 717. The first, H.R. 424, seeks to implement a 2011 final rule issued by the U.S. Fish and Wildlife Service that would have delisted gray wolves in the Great Lakes and Wyoming areas. Wolves in those areas have met and surpassed their recovery levels and efforts have been made to delist them. Lawsuits have however rescinded the final rule. H.R. 3131 would alter who can be awarded legal fees in bringing a citizen suit under the ESA. Currently, the text of the ESA states that any party may be awarded the costs of litigation, on the court’s discretion. The bill would amend that to conform to the terms of the Equal Access to Justice Act, which comes with limitations. The final bill, H.R. 717, would require that the economic cost of listing a species under the ESA be reviewed. This review would have to include considerations of land values (both public and private), the ability to provide utilities and public services to the surrounding communities, employment, and revenues available to state and local governments.