House Passes Significant ESA Reform Bill
 
December 13, 2005
 
Lawrence R. "Larry" Liebesman- Washington

On September 29, 2005, the House passed H.R. 3824, Threatened and Endangered Species Recovery Act of 2005 (TESRA) by a bipartisan vote of 229 to 193. The Bill will substantially overhaul the Endangered Species Act of 1973 which has often been criticized as not helping to achieve recovery of listed species. In fact, only 10 of the roughly 1,300 species on the list have recovered in the Act’s 32-year history. TESRA is designed to reverse that trend by focusing on species recovery. TESRA will do the following:

• ensure better science-based decisions by requiring criteria that complies with OMB Data Quality Act guidance, requiring use of peer-reviewed data

• provide for active implementation of recovery plans by setting deadlines for plans and establishing recovery teams

• increase openness and accountability

• increase the role of States through strengthened cooperative agreements

• revise Section 7 consultation to allow for “alternative consultation” procedures and to facilitate comments on draft biological opinions

• eliminate the much-criticized critical habitat requirement

• establish new incentives for voluntary conservation by land owners, including a mechanism for land owners to seek compensation for “foregone Use” of property where the ESA take provision would be violated

While the bill passed the House with bipartisan support, the prospects in the Senate remain uncertain at this time. Senator Lincoln Chaffee, chair of the Fisheries Subcommittee of the Environment and Public Works Committee has not yet decided what action to take on ESA reform. It is clear, however, that ESA reform will continue to be a highly contentious issue.

For more information, e-mail Lawrence R. Liebesman at lawrence.liebesman@hklaw.com or call toll free, 1-888-688-8500.