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Eastern lawmakers, Westerners clash over species act
Christian Science Monitor; 10/05/05

House passes rewrite of the Endangered Species Act
Los Angeles Times; 09/30/2005

House bill puts critical habitat for species on endangered list
Los Angeles Times; 09/28/2005

Federal species act under fire from all directions
Christian Science Monitor; 06/28/2005

Governors ask for reform of federal species act
Casper Star-Tribune; 06/14/2005

Lawmakers kick off campaign to revamp Endangered Species Act
Washington Post; 05/20/2005

Editorials

GOP's changes to species act aren't so bad
Grand Junction Sentinel; Oct. 5

Endangered species need Senate's protection from House bill
Santa Fe New Mexican; 09/30/2005

Pombo's rewrite of species law ignores habitat's role
Salt Lake Tribune; 09/27/2005

Property owners would get their due under species law rewrite
Las Vegas Review-Journal; 09/23/2005

Endangered Species Act should be fixed or tossed
Idaho Falls Post-Register; 09/19/2005


Backgrounders

Threatened and Endangered Species Recovery Act of 2005 (Engrossed as Agreed to or Passed by House) (pdf)

Western Governors Association

Headwaters News Western Perspective -- WGA column on the Endangered Species Act - 03/16/05


     
Western Perspective is sponsored by:

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Western Perspective

Senate should clean up ESA reform bill
By Daniel Berger
for Headwaters News
Oct. 13, 2005

Thirty-two years after it was passed, the Endangered Species Act (ESA) is facing a formidable challenge in California Congressman Richard Pombo's legislation, the Threatened and Endangered Species Recovery Act (TESRA), which passed in the House by a vote of 229 to 193 last month. That's not a overwhelming majority, but it's a healthy win.

Last week, Daniel Kemmis, a Senior Fellow at the O'Connor Center for the Rocky Mountain West at The University of Montana, wrote about the legislation and other challenges to the ESA. Not only did he wrestle with the idea that this might be a regional issue for the West, he also tried to find a way out of the polarization between Republicans and Democrats, righties and lefties and coasters and inlanders that has surrounded the Act nearly since its inception.

Kemmis points out that the struggle to reform the Endangered Species Act doesn't have to be a an extreme ideological or regional battle, and noted that last February senators from Rhode Island and Idaho teamed up with congressmen from California and Oregon and called "for 'a House-Senate partnership' in addressing some of the perceived problems with the Act."

Judging by the reader responses, he's correct. Reader James McMahon agrees that the Act needs reform, but calls for "humility and grace" in doing so. American politics has long been characterized by extremism, he says, and this is no exception. But we need to "recognize that we depend on a living planet that supports us all."

Reader Rick Krause agrees that we need to learn to co-exist with other species, but challenges both Mr. McMahon and Mr. Kemmis on the idea that the reforming the Act is an extremist issue. Krause wrote "The 'extremist' Mr. Pombo had 215 others vote for his version of ESA reform over the substitute and 228 others vote in favor of final passage. Is it being 'extremist' if you are in the majority?"

That's a good question. But could the vote be a reaction to the need for change, as opposed to support for every aspect of the bill? It still has to face the Senate, which could be a tougher battle.

Mr. Krause also asks Mr. McMahon if he would support a "bill that provides opportunities to landowners to conserve listed species on their property, and help them to accomplish that? Also, would you support a bill that seeks to remove conflict between landowner and species and help landowners that provide food and shelter for listed species? If so, that is the Pombo bill." Mr. McMahon doesn't respond, but another reader, Martin Nie, does.

Mr. Nie also believes the law needs reform, but says Pombo's proposed changes have nothing to do with species protection and everything to do with protecting landowners.

"I am all for providing economic incentives to landowners who go above and beyond what is required of them by law," Nie wrote. "Such action would be a worthwhile federal investment and help build constructive relationships. There is also a lot that can be done before ESA listing and the 'train wreck' stage of litigation and conflict management. But having to pay landowners any time a federal law diminishes even a small part of their property value is a very scary and radical idea. What would such a principle mean for all of our federal and state environmental and land use laws?"

Many opponents of the Pombo bill point out that we already can't properly fund conservation projects and certainly wouldn't be able to afford to pay landowners any time their development options are "compromised."

A recent column from John Echeverria in Writers on the Range shows that a similar "pay or waive" approach to conservation in Oregon has failed miserably, despite winning support in the polls, because it includes no funding mechanism and doesn't require officials to uphold the law if they can't pay.

Mr. Echeverria goes on to say that "if the payment idea in the House bill were actually implemented, it would encourage gaming of the system" by landowners.

This "gaming of the system" is part of the current set of problems. The current law invites constant litigation — some of which is even questionably relevant to actually protecting species. Take a story Headwaters News ran Wednesday regarding protection of a rare cactus in northwestern Utah.

The Grand Junction Sentinel's opening paragraph with my italics added: "Environmental groups have filed a federal lawsuit seeking to protect a rare cactus in two northeastern Utah counties near the Colorado border, which are slated for increased oil and gas drilling."

That cactus probably does warrant some protection, but environmental groups and others have used the ESA for somewhat unrelated interests. A revised law should seek to fix that, but many, including Mr. Nie and Mr. Echeverria don't think this one does. In fact, both writers make the point that by offering payments to landowners, the Pombo bill could instead open a whole new can of Annelid worms in more than just financial ways.

There seems to be no doubt in Mr. Kemmis' post, in reader reaction, and from editorial writers around the country that the Act needs some updating and fixes.

The debate remains how to do that while helping species recover and survive and, at the same time, protecting landowners.

The answer may lie in collaborative conservation, where private landowners, state and federal land managers, scientists, environmentalists and others come together to seek solutions together, which both Mr. Kemmis and Mr. Nie promote, and which the Western Governors Association, the White House and several conservation groups also endorse.

It probably doesn't lie in Mr. Pombo's bill. Not yet, at least.


ESA reform and the West

Ideologues on both sides of the aisle and the issue may stall
any Endangered Species Act reform and the process itself

By Daniel Kemmis
for Headwaters News
Oct. 6, 2005

A recent Christian Science Monitor story about the U.S. House-passed bill for Endangered Species Act reform speaks of "a deep and growing regional divide over fundamental environmental protections.” The Monitor story goes on to characterize the divergent regional approaches this way:


In general, ranchers, farmers, and others in the rural West (and their champions in Congress) want to make laws like those protecting endangered species far less restrictive. Eastern lawmakers, whether Republican or Democrat, are more likely to support sanctions on development and other land use in the name of protecting plants and animals threatened with extinction.

Is there in fact a regional divide over the ESA or other environmental laws? If so, does the Monitor's characterization capture the essence of the split?

On the face of it, at least, it seems to be the case that the most outspoken support for the bill that passed the House has come from the West.

California's Congressman Richard Pombo, the chairman of the House Resources Committee, is the chief sponsor of the bill, and his support has been warmly seconded by Congressman Greg Walden, R-Ore. So far, the strongest voices in opposition as the debate moves to the Senate have come from Sens. Lincoln Chafee, R-R.I., and Hilary Rodham Clinton, D-NY.

Laying aside for the moment the perennial question of whether California is actually part of the West or not, Congressman Pombo certainly speaks for many Western Republicans in his unrelenting attacks on the ESA and other environmental legislation.

But there is a real question whether Pombo's stance on these issues fairly represents the region, or for that matter, the Republican Party in the West. Meanwhile, the all-too-predictable opposition of northeastern senators to any change from the status quo promises one more round in an often-repeated saga of which Westerners have with good reason grown weary.

Fortunately, cool heads on both sides of the aisle and of the continent have provided a basis for a much more constructive debate than might be feared. The real danger will come from the ideologues on both ends of the political spectrum. Since assuming the chairmanship of the House Resources Committee, Congressman Pombo has gone out of his way to wear the mantle of ideologue and his proclamations in defense of his proposed ESA revisions promise more of the same.

If revision of the Act hinges on the kinds of property-rights rhetoric that Pombo puts at the center of his argument, then the revisions will almost certainly perish in the Senate, and it would be as well if they did.

On the other hand, if environmental hard-liners, intent on preserving the status quo, prevail in the Senate, it may well signal the death of reform legislation, but it may also turn out to be one more self-inflicted wound to the body of the environmental movement itself.

Michael Shellenberger and Ted Nordhaus's essay on "the death of environmentalism" continues to generate healthy discussion within the environmental movement, and as the endangered species debate moves to the Senate, environmental leaders will be challenged to manage this crucial environmental issue in a way that adds strength and credibility to their movement, rather than further undermining it.

In fact, there is no reason that the ideologues on either side should have to prevail in this debate. There has already been a good deal of common sense brought to bear from both sides of the aisle, particularly around the widespread recognition that the “critical habitat” provisions of the existing legislation are deeply problematic and that there must be a better way to achieve the profoundly important objectives of the Act.

This does not have to be an ideological battle to the death, and it certainly does not have to be a regional battle. There was no sign of a regional divide last February when Sen. Chafee joined with Congressmen Pombo and Walden, and with Sen. Mike Crapo, R-Idaho, in calling for "a House-Senate partnership” in addressing some of the perceived problems with the Act.

Sen. Crapo speaks in what I would consider a much more authentic and constructive Western voice than Congressman Pombo usually manages on this subject. In his testimony to the White House Conference on Cooperative Conservation, for example, Crapo called attention to success stories where farmers, ranchers and environmentalists had, by concentrating on problem-solving rather than ideologies, managed to make some substantial progress with species-recovery efforts.

It is this kind of problem-solving approach that the Western Governors' Association has also taken in dealing with the Endangered Species Act. The governors' work on sage grouse protection is an excellent example of attempting to get ahead of an issue before it becomes bogged down in litigation.

The WGA approach, and that of Sen. Crapo, should be seen as the quintessentially Western way of dealing with a difficult challenge like ESA reform. It would be a shame if either the East or the West lived up to their worst stereotypes in this instance.

 
Headwaters News is a project of the
Center for the Rocky Mountain West
at the University of Montana.
 


Daniel Kemmis
writes
a bi-monthly column for Headwaters News that focuses issues common to the Rocky Mountain States.


Daniel Kemmis is a Senior Fellow at the Center for the Rocky Mountain West at The University of Montana.

He is the former Mayor of Missoula, Montana, and a former Speaker and Minority Leader of the Montana House of Representatives.

Mr. Kemmis is the author of three books: Community and The Politics of Place; The Good City and the Good Life; and This Sovereign Land: A New Vision for Governing the West.

In 1998, the Center of the American West awarded him the Wallace Stegner Prize for sustained contribution to the cultural identity of the West.

In 2002, This Sovereign Land was the top choice for the Interior Department's Executive Forum Speaker Series.

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