Congressional ESA Oversight Hearing Materials Available Online

As we recently reported, the House Natural Resources Committee conducted a full committee oversight hearing today, December 6, 2011, on the Endangered Species Act (“ESA”), specifically looking at the impacts of ESA litigation on the economy and species recovery.

In a release issued by the Committee, Chairman Doc Hastings said:

The purpose of the ESA is to recover endangered species – yet this is where the current law is failing – and failing badly. Of the species listed under the ESA in the past 38 years, only 20 have been declared recovered. That’s a 1 percent recovery rate. I firmly believe that we can do better. In my opinion, one of the greatest obstacles to the success of the ESA is the way in which it has become a tool for excessive litigation. Instead of focusing on recovering endangered species, there are groups that use the ESA as a way to bring lawsuits against the government and block job-creating projects. By strengthening and updating the Endangered Species Act, improvements can be made so it’s no longer abused through lawsuits and instead can remain focused on fulfilling its true and original goal of species recovery.

The Committee heard testimony from eight witnesses, listed below with their affiliations and links to their written testimony:

• Dan Ashe, U.S. Fish and Wildlife Service (testimony)
• Eric Schwaab, National Oceanic and Atmospheric Administration (testimony)
• Karen Budd-Falen, Budd-Falen Law Offices (testimony)
• Doug Miller, Public Utility District #2 of Pacific County (testimony)
• Kieran Suckling, Center for Biological Diversity (testimony)
• Jay Tuchton, WildEarth Guardians (testimony)
• John Leshy, UC-Hastings College of Law (testimony)
• Brandon Middleton, Pacific Legal Foundation (testimony)

A video of the hearing may be viewed here.

For more information regarding this matter, please contact Eric Adair or the KMTG attorney with whom you normally consult.

Related stories and media coverage:

• Congressional Committee Will Hold Oversight Hearing On Endangered Species Act Litigation
• The Endangered Species Act: Reviewing the Nexus of Science and Policy
• Court Denies "Fall X2" Motions and Finds Agency Bad Faith
• Court Finds 2009 Salmonid Biological Opinion Arbitrary and Capricious and Remands to National Marine Fisheries Services
• House panel probes workings of ESA