We have already seen threats to the Clean Air Act of 1970, the Clean Water Act of 1972 from the Trump Administration. Now the Endangered Species Act of 1973 (16 U.S.C. 1531-1544) faces severe risks.
The Washington Post has reported that the Trump Administration is saying that scientists’ ability to revive extinct species through biotechnology justifies relaxing legal protections. The Post quoted Interior Secretary Doug Burgum as saying that innovation – not government regulation — will save species. He has already met with Dallas-based Colossal Biosciences about using its animals in federal conservation efforts, as well as for potential species restoration. I note that having a few “engineered” specimens living in a zoo is not the goal of the Act or sensible biodiversity conservation programs.
This is just the Administration’s latest maneuver aimed at reducing the Act’s protections, which have been in place since adoption of the Endangered Species Act in 1973. The Fish and Wildlife Service — an agency in the Interior Department — has sought White House comments on a proposed redefinition of “harm” under the act. The term is not defined in the text of the Act, so a rule change could allow for significant reductions in protections, especially regarding listed species’ habitats.
Already, President Trump and his administration have overridden endangered species protections. First, he demanded that the Bureau of Reclamation open water transfer systems to drain water from a Northern California river system to southern California. Ostensibly the action was to protect the area from the devastating wildfires, although scientists declared that a lack of water for firefighters was not the reason the fires caused so much damage. The water had been stored, in part, to protect the habitat of the delta smelt.
President Trump also has revived the long-dormant “God Squad.” a federal committee that can override protections for endangered species. Members include Secretary Burgum and five other high-level officials. It was created by Congressional amendment in the late 1970s, during the fight over whether to build the Tellico Dam on the Tennessee River. It is empowered to approve projects even if they result in the extinction of a species.
In February, Interior Secretary Burgum also rescinded guidance adopted by the Biden Administration aimed at minimizing ship strikes on the Rice’s whale, one of the most endangered marine mammals. He has also ordered staff to consider economic factors when deciding habitat protections.
Other threats came earlier. Elon Musk’s SpaceX launch site is only about 10 miles from Aransas National Wildlife Refuge, which provides winter habitat for one of the “iconic” endangered species, whooping cranes. The Midwestern population of piping plovers is also listed as endangered; it winters along the Gulf coast, including at Aransas. The Refuge is home to 400 bird species, primarily ducks, herons, egrets, ibises, and roseate spoonbills. The few studies of noise impacts on birds focus on nesting – which neither whoopers nor plovers engage in while at Aransas … Still ….
Another refuge — in the middle of the Pacific Ocean – is also under threat from rocket activities. The Post reports that the U.S. Space Force – a branch of the U.S. Air Force – will soon publish an Environmental Assessment regarding plans to build two landing pads on Johnston Atoll. The facilities are intended to expedite movement of military cargo around the globe – by transporting it on large commercial rockets. Johnson Atoll is an unincorporated U.S. territory consisting of four tiny islands about 800 miles southwest of Honolulu. Although tens of thousands of red-tailed tropicbirds, red-footed boobies and sooty terns nest on the atoll, the Space Force said in its notice of intent that it expects the construction and operation of the demonstration project will have no significant environmental impact. This finding has been criticized by several organizations, including the Conservation Council for Hawaii, National Wildlife Refuge Association, and Union of Concerned Scientists. See also this statement by the American Bird Conservancy.
One concern is that construction and operation could re-introduce various invasive species. The Post mentions yellow crazy ants; their acids can cause deformities in birds and, in some cases, deadly infections. The U.S. Fish and Wildlife Service spent a decade eradicating the ants. I note that rats very often are introduced to remote islands by cargo ships and are a significant threat to ground-nesting birds.
Congressional Republicans – who now control both houses of the legislature — are preparing amendments to the Endangered Species Act that would slash protections for at-risk species that are – or might later be – qualified for listing under the Act. One approach is to legislatively remove, or “delist,” those species that have gotten in the way of various activities. The Post names gray wolves and grizzly bears, which ranchers say prey on livestock; plus a lizard in Texas oil country; and the northern long-eared bat, which lives in forests that the timber industry wants to log.
Citing the fact that only 3% of listed species have recovered, Representative Bruce Westerman of Arkansas, Chairman of the House Committee on Natural Resources, wants to amend the Act to give more power to states. He also plans to limit courts’ power to review agencies’ decisions to remove protections for plants and animals.
Posted by Faith Campbell
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For a detailed discussion of the policies and practices that have allowed these pests to enter and spread – and that do not promote effective restoration strategies – review the Fading Forests report at https://treeimprovement.tennessee.edu/
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