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GAIN brings you the following information from the Washington, DC office
of the:
Sierra Club Legal Defense Fund
1531 P St. NW
Washington, D.C. 20005
---- Endangered Species Act News #3 ----
Wildlife Law in the Crosshairs
Congress will soon consider the Endangered Species Act. Two bills
in particular have environmentalists deeply concerned. H.R. 1490,
authored by Rep. Billy Tauzin (D-LA) and Jack Fields (R-TX) and
S. 1521, by Sen. Slade Gorton (R-WA) and Richard Shelby (D-AL)
would, in combination:
o Eliminate the ESA's prohibitions against habitat
degradation (unless an injured member of the species is found,
which can be difficult).
o Impose burdensome new requirements for the listing
process and mandate priorities for listing that would diminish
the likelihood of subspecies and distinct populations' being
listed.
o Expand the federal government's obligation to compensate
property owners if they successfully allege that the enforcement
of the ESA has "substantially" decreased their property value;
such an obligation could significantly discourage the
government's enforcement of the ESA.
o Eliminate federal agencies' distinct duties to protect
species' critical habitat.
o Elevate the consideration and influence of economics
during many of the most important ESA activities, including
consultations about the impact of federal agencies' actions on
listed species, designation of critical habitat, and drafting of
recovery plans.
o Impose new requirements for federal agency consultations
to (1) consider the agencies' obligation under other statutes,
treaties, interstate compacts, and contractual agreements; and
(2) where ESA duties may be inconsistent with these other
obligations, provide project applicants with a statement about
these inconsistencies and a notice of the opportunity to seek an
exemption from the ESA through the Endangered Species Committee
("God Squad").
o Eliminate the ability of citizens to bring lawsuits to
enforce the ESA against anyone other than the federal government,
even if a private action will result in the extinction of a
species.
Anti-Environmental/Anti-Protection Movement Update
The anti-environmental movement that calls itself the
"property rights" movement and that is seeking to destroy the
enforcement of environmental laws scored a victory in February.
Early that month, through procedural maneuvering, it managed to
derail an effort to elevate the Environmental Protection Agency
to Cabinet level.
The next possible focus for the anti-environmental
movement's "property rights" amendments may be the Clean Water
Act, with an emphasis on wetlands provisions.
With each successful attack on any type of environmental
legislation, this anti-environmental movement is seeking to
create momentum that will strengthen it in current negotiations,
and future votes, on the ESA.
Please continue to contact your U.S. House and Senate
members, reminding them of (1) the importance of the Endangered
Species Act; and (2) the need to oppose amendments that seek to
weaken the implementation of laws that protect our environment.
As you do this, if you have questions about the anti-ESA bills
discussed above or the anti-environmental, so-called "property
rights" federal focus, feel free to contact:
Suellen Lowry in SCLDF's Washington office:
1531 P St. NW
Washington, D.C. 20005
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