The Endangered Species Act Overhaul

It won't be invalidated you can count on that. but if it's made more reasonable that would be a good thing.















Stay Thirsty My Friends
 
I don't think it will be invalidated. However, as the process now works it has become extremely onerous. The USFWS and the courts have been given too much control. The concerns of a state where the species is located are virtually ignored in the process. Listing a particular species is relatively easy. Delisting a species after recovery is virtually impossible. Lawsuits over the status of a species are now litigated in D.C. Federal Court allowing the eco-elites to virtually choose the liberal judge they want. The eco-elite groups raise millions of dollars claiming the same will be used to fight the fight in court. Most of the money ends up in the pockets of those running the organization. The EAJA encourages lawsuits and rewards anyone who successfully sues the federal government. Eliminating the application of the EAJA in all environmental lawsuits would be a good first step.

In this country, we now have states with sanctuary cities and legalized marijuana. Both are contrary to federal law. What if the State of Wyoming passed a law, or a County in Wyoming passed an ordinance, stating that the ESA no longer applied to wolves and grizzly bears within that state or county. Those people who advocate for legalized marijuana and sanctuary cities would scream foul. If something doesn't change soon with regards to the status of the wolf and grizzly bear in Wyoming, this may result in such a situation.

jus sayin...mh
 
What I am trying to elude to is change is coming. You will see states have more input. You will see changes in the ESA. You will probably see a new Secretary if Interior. With Trump at the helm the pendulum will swing the other way.
 
Ben Huntn,

You may be right that change is coming. Unfortunately, we have politicians in Wyoming (Barasso and Enzi) that initiate legislation but never get it passed. It is too early to tell if Liz Cheney will follow in their footsteps. I have no doubt that legislation will be drafted to modify the ESA and EAJA during Trump Administration, but I am not sure with filibuster rules in the Senate it will ever be implemented. The legislation is usually tabled in committee and than it dies.

The Defenders of Wildlife et. al. v. Salazar case involving wolf delisting in Wyoming should be decided any day by the D.C. Circuit Court of Appeals. In the three judge court, one is an Obama appointee and the other a Clinton appointee. I seriously doubt that they will overturn Amy Berman Jackson's decision in the D.C. District Court on the subject. Her decision was politically motivated and was obviously contrived to reach a certain outcome. By the way, she was an Obama appointee. If this happens, the process of delisting will have to start all over again.

If there is a chance of modifying the ESA and EAJA it will happen during the Trump Administration. I am just not sure there is the political will to do so.

just sayin...mh
 
Well said.

I figured Bush would help sink the Canadian wolf introduction and the reverse the snowmobile ban in Yellowstone park when he was elected in 2000. you know, the conservatives are more reasonable thing.

What happened was absolutely nothing. it might be important to us but it's not even in the line of sight to them. or Trump.

We can hope but I wouldn't waste much energy on it. keep working at a state level and even though the feds won't help they may not push back as hard.














Stay Thirsty My Friends
 

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