Endangered Species Act

Political Extinction Risk

Species may be vulnerable not just to changes in climate or habitat, but also to changes in politics

Conservation biologists have long studied many different kinds of risks to endangered species: Risks from climate change, or from habitat fragmentation, or from having small populations for extended periods of time.  But there is another key component of risk that has not been analyzed yet, but may matter as much or more to many endangered …

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Fake species?

Looking at the data on ESA listed species to see if enviro groups strategically identify species to block development.

This tweet, arguing that it’s “an open secret at this point that environmental activists try to invent fake ‘endangered’ species to block infrastructure projects they don’t like” got a lot of traction.  But is it correct?  It turns out that a paper I did (with Berry Brosi) about 15 years ago provides some insights into …

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The Trump Administration is Squandering Our Natural Heritage

Proposed Endangered Species Act regulations are designed to stifle protections and provide developers even more power.

The world’s ecosystems have been subject to an increasingly dangerous cocktail of stressors from land and ocean over-development, invasive species, and pollution. But rather than stem the tide of these harms, the Trump administration has resurrected several regulatory changes to the Endangered Species Act designed to stifle species’ protections and provide land developers even more power to …

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Ping-pong government and the ESA

Recent proposed revisions for the ESA just reset the clock to 2020.

The Trump Administration in November proposed revisions to the regulations implementing the Endangered Species Act (ESA).  Normally, I would try to do a thoughtful review of the changes and what I think their implications are.  But that is really not necessary this time, since what the Administration is proposing is to undo Biden Administration changes …

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Science and Democracy

The scientific process is crucial for a well-functioning democracy.

Beyond its utility, science also models some important features of democracy. It aspires to a marketplace of ideas in which everyone with the needed background knowledge can participate, and in which conclusions are based on debate and data rather than power.  As a recent D.C. Circuit case illustrates, the law calls on government agencies to make decisions in the same, considering all the scientific evidence and arguments, then providing a reasoned explanation for its decision.  

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Fixing Fix Our Forests

The emergency provisions of Fix Our Forests are a key weakness in the bill

The permitting reform bill that has made the most progress through Congress is the Fix Our Forests Act, which I’ve written about here, here, and here.  And as I’ve written before, fixing fire management on federal lands should be a top priority for any reforms.  I’m not sure that the model of Fix Our Forests …

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Backfilling the federal ESA

AB 1319 is a good first step to responding to efforts to weaken the federal ESA

I wrote this past spring about a proposal by the Trump Administration to eliminate the definition of harm in the regulations implementing the federal Endangered Species Act (ESA), which might eliminate protections from habitat modification for federally listed species.  I also noted three different steps California could do to backfill the federal ESA if such …

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Take Two

Trump Administration reasoning around the definition of take appears contradictory

I’ve written before about how the Trump Administration is proposing to eliminate the definition of “harm” in the Endangered Species Act (ESA) regulations – an action that could remove protections for endangered species from habitat modification.  The main justification that the Administration is relying upon in the proposal is a claim that the best interpretation …

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Filling the gaps from CEQA reform

California has long leaned heavily on CEQA to cover gaps in other environmental laws. That will have to change when we reform CEQA.

California has enacted a major reform for CEQA, creating a substantial exemption for infill urban housing.  I’ve written why this is, on balance, beneficial for housing and the environment.  But I also want to highlight a pitfall as the state continues looking at future reforms for CEQA.  California has long relied on CEQA as a …

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100 Days of Anti-Environmental Mayhem

A flood of anti-environmental initiatives threatens to undo decades of progress.

the Administration has withheld funding for clean technology, denounced the very idea of environmental justice, and begun a campaign to gut environmental agencies. And that’s only the first hundred days of Trump’s second term.How far Trump gets with this anti-environmental jihad will depend partly on the courts but mostly on politics.  Events relating to the economy and provision of basic government services are likely to have as much impact on how things play out than anything specific to the environment.

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