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GOP considers ways to ‘modernize’ endangered species law

GOP considers ways to ‘modernize’ endangered species law

Senate Republicans considered ideas Wednesday to “modernize” the Endangered Species Act (ESA) and solve the problems they and their constituents have long decried.

Senate Environment and Public Works Committee Chairman John BarrassoJohn Anthony BarrassoOcasio-Cortez, Markey reintroduce Green New Deal resolution Miners union to back Biden on green energy if it retains jobs Senate GOP to face off over earmarks next week MORE (R-Wyo.) said at the hearing that he hopes to change the law to give more voice to landowners, industry groups and others who think species protections hamper businesses and other land uses.

For the first time in years, the GOP controls both chambers of Congress and the White House, affording lawmakers a potential opportunity to change what for decades has been a bedrock environmental law. 

But the GOP lawmakers sought to clarify repeatedly that they support the goals of the ESA and want also to improve how it saves threatened plant and animals species.

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“The Endangered Species Act isn’t working today. We should all be concerned when the Endangered Species Act fails to work,” Barrasso said. “States, counties, wildlife managers, homebuilders, construction companies, farmers, ranchers and other stakeholders are all making it clear that the Endangered Species Act is not working today.”

He said that less than 3 percent of species designated as endangered or threatened — a process that implements numerous land use restrictions and other standards — have recovered enough to be taken off the list.

“As a doctor, if I admit 100 patients to the hospital, and only three recover enough under my treatment to be discharged, I would deserve to lose my medical license,” he said.

Sen. Tom CarperThomas (Tom) Richard CarperEPA staff warned of factual, legal issues in Trump vehicle climate rollback, watchdog says This week: Democrats move on DC statehood OVERNIGHT ENERGY: Senate confirms Mallory to lead White House environment council | US emissions dropped 1.7 percent in 2019 | Interior further delays Trump rule that would make drillers pay less to feds MORE (Del.), the panel’s top Democrat and the only one able to ask questions due to a party caucus meeting, did not completely rule out changes to the ESA.

But he warned that the law’s purpose must remain, and he would prefer to implement policies that have bipartisan consensus, something few of the Senate GOP’s ideas enjoy.

“We should also keep in mind its purpose: to prevent the extinction of species and to do our best to restore those at risk,” he said. “I, for one, am reluctant to do anything to compromise the successes we have achieved.”

The Environment Committee’s Republican members brought up numerous problems they have with the way the ESA is structured. They said the law doesn’t sufficiently account for state opinions, unnecessarily restricts the use of private land, and enables environmental groups to sue the federal government to get a species listed and then get attorneys’ fees back from the government.

“The landowners want a pristine environment, the same as you might see from another perspective,” said Sen. James InhofeJames (Jim) Mountain InhofeThe Hill's Morning Report - Presented by Tax March - US vaccine effort takes hit with Johnson & Johnson pause Biden sparks bipartisan backlash on Afghanistan withdrawal  Biden defense budget criticized by Republicans, progressives alike MORE (R-Okla.) "And it’s easy to sit in Washington and talk about everything’s working well. When you’re out in the states, that’s where you have problems.”

Inhofe said the main problems with the law are that stakeholders, landowners and states are ignored and de-listing is rare.

Other Republicans piled on.

“Myself, and many others, as we have heard today, have grown concerned that the Endangered Species Act, at times, has been implemented in a manner that harms Arkansas families, farmers, businesses and communities, with disputable benefits at times to wildlife,” said Sen. John BoozmanJohn Nichols BoozmanSenate GOP opens door to earmarks Arkansas governor quietly bucking GOP's dive into culture wars Trump allies line up ahead of potentially bruising primaries MORE (R-Ark.).

“I think it is clear that better engagement is necessary, that we have to have that engagement with landowners in order to address the deficiencies many of us feel are within the ESA,” said Sen. Deb FischerDebra (Deb) Strobel FischerMcCarthy and Biden haven't spoken since election Against mounting odds, Biden seeks GOP support for infrastructure plan The Hill's 12:30 Report: Biden meets with bipartisan lawmakers for infrastructure negotiations MORE (R-Neb.).