Westerman Blasts ESA Rules That Reverse Critical Reforms

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Bruce Westerman - Chairman of the Committee on Natural Resources | Official U.S. House headshot

Westerman Blasts ESA Rules That Reverse Critical Reforms

Today, House Committee on Natural Resources Chairman Bruce Westerman (R-Ark.) strongly criticized the United States Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) for finalizing three rules that reverse Endangered Species Act (ESA) reforms made during previous administrations.

In response to the finalized rules, Westerman stated, "The Biden administration continues to take two steps back without even taking one step forward. We know the Endangered Species Act is an outdated piece of legislation that has repeatedly failed its primary goal of recovering listed species, yet Biden is now undoing crucial reforms and issuing new regulations that will not benefit listed species. As with virtually every policy from this administration, these rules are at best political posturing and at worst will negatively impact the species we work so hard to conserve and protect."

Westerman further expressed his commitment to improving wildlife conservation efforts by introducing the America’s Wildlife Habitat Conservation Act. He emphasized the importance of modernizing the regulations of the ESA and implementing science-based solutions for America's wildlife.

The final rules announced by the USFWS and NMFS include significant changes that reverse key reforms to the ESA. One rule alters how federal agencies must consult with the Services under Section 7 of the ESA, potentially increasing the discretion of the Services regarding measures to offset impacts of listed species. Another rule makes sweeping changes to how critical habitat can be designated and the process for listing and delisting species under Section 4 of the ESA. Additionally, a rule reinstates the "blanket 4(d) rule," which treats threatened and endangered species in a similar manner, contrary to the original intent of Congress.

These rule changes have raised concerns among stakeholders and conservationists, with Westerman and others advocating for a more thoughtful and effective approach to wildlife protection under the ESA.