{"id":634317,"date":"2018-10-11T12:31:55","date_gmt":"2018-10-11T18:31:55","guid":{"rendered":"http:\/\/nmpolitics.net\/index\/?p=634317"},"modified":"2018-10-11T12:31:55","modified_gmt":"2018-10-11T18:31:55","slug":"would-a-shift-to-state-power-endanger-species","status":"publish","type":"post","link":"https:\/\/nmpolitics.net\/index\/2018\/10\/would-a-shift-to-state-power-endanger-species\/","title":{"rendered":"Would a shift to state power endanger species?"},"content":{"rendered":"<div id=\"attachment_634323\"  class=\"wp-caption module image alignnone\" style=\"max-width: 771px;\"><img loading=\"lazy\" decoding=\"async\" class=\"size-large wp-image-634323\" src=\"http:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2018\/10\/Mexican_Wolf_2_yfb-edit_1-771x486.jpg\" alt=\"Mexican gray wolf\" width=\"771\" height=\"486\" srcset=\"https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2018\/10\/Mexican_Wolf_2_yfb-edit_1-771x486.jpg 771w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2018\/10\/Mexican_Wolf_2_yfb-edit_1-336x212.jpg 336w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2018\/10\/Mexican_Wolf_2_yfb-edit_1-768x484.jpg 768w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2018\/10\/Mexican_Wolf_2_yfb-edit_1-1170x737.jpg 1170w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2018\/10\/Mexican_Wolf_2_yfb-edit_1.jpg 1200w\" sizes=\"auto, (max-width: 771px) 100vw, 771px\" \/><p class=\"wp-media-credit\">U.S. Fish and Wildlife Service<\/p><p class=\"wp-caption-text\">A Mexican gray wolf at Sevilleta National Wildlife Refuge in New Mexico.<\/p><\/div>\n<p>A fight is brewing over the Endangered Species Act after congressional Republicans and federal agencies this year proposed major changes, including shifting more control over species protection to the states.<\/p>\n<p>Many states, especially Western ones with vast expanses of federal land, have long pushed for changes to the law. But what seemed unlikely under prior administrations has a better shot under the Trump presidency.<\/p>\n<p>A package of bills introduced in the U.S. House of Representatives by members of the Congressional Western Caucus, all with Republican sponsors, would alter how species are listed and habitat is protected. States are most focused on measures that would affect their power, including bills that would allow them greater say over which species get protections. A draft bill in the U.S. Senate being circulated by Wyoming Sen. John Barrasso, a Republican, would \u201celevate the role of state conservation agencies,\u201d according to a news release from the U.S. Senate committee he chairs.<\/p>\n<aside class=\"module align-left half type-aside\">\n<h3>About this article<\/h3>\n<p>This article comes from\u00a0<a href=\"https:\/\/www.pewtrusts.org\/en\/research-and-analysis\/blogs\/stateline\/2018\/10\/10\/would-a-shift-to-state-power-endanger-species\" target=\"_blank\" rel=\"noopener\">Stateline<\/a>, an initiative of\u00a0<a href=\"http:\/\/www.pewtrusts.org\/en\" target=\"_blank\" rel=\"noopener\">The Pew Charitable Trusts<\/a>.<\/p>\n<\/aside>\n<p>While the various pieces of legislation may face a heavy lift getting through Congress, federal agencies last month finished taking public comments on proposed rule changes. Unveiled in July, the agency revisions would allow agencies to consider economic costs when deciding whether to protect species, possibly reduce the amount of protected habitat and make it easier to take species off the endangered and threatened species list, among other changes proposed by the Department of the Interior and the National Oceanic and Atmospheric Administration.<\/p>\n<p>A letter from Democratic attorneys general in nine left-leaning states and the District of Columbia opposed the agencies\u2019 proposed changes, in part because they would \u201cimpose significantly increased costs and burdens on the states,\u201d which would pick up the slack. The attorneys general also say the changes would weaken the law by constraining the government\u2019s ability to consider climate change.<\/p>\n<p>Endangered species protections have become a polarizing debate. Those who favor changing the law accuse environmentalists of using it to keep land locked away from ranchers or industry. Green groups argue that states eager to take on new roles want to limit federal interference with no real intention of maintaining protections.<\/p>\n<p>But governors, industry and wildlife experts are sharply divided over whether states have the resources or legal framework in place to take on a greater workload.<\/p>\n<p>\u201cIf the argument is that states will be better because they\u2019re more efficient at managing endangered species protection, there is little evidence of that,\u201d said Alejandro Camacho, a law professor at the University of California at Irvine who wrote a paper analyzing state spending and laws dealing with endangered species.<\/p>\n<p>The federal law passed in 1973 precisely because states weren\u2019t doing a sufficient job of protecting species, he said.<\/p>\n<p>But policy advisors in states that want to take on a greater role in conservation say the federal government has a poor track record of recovering species once they are on the list. Just 53 species added to the list have been removed because their populations sufficiently rebounded.<\/p>\n<h3>Strapped states\u2019 shifting role<\/h3>\n<p>The Endangered Species Act protects nearly 2,500 domestic and foreign animals and plants that are designated as threatened or endangered, according to the U.S. Fish and Wildlife Service. The law can be used to protect lands that are deemed critical habitat for those species.<\/p>\n<p>States contribute to those efforts. Many state fish and wildlife departments have biologists that track animals and plants and collect data that contribute to decisions the federal government makes about what species are added to the list and what efforts can be made to strengthen their numbers.<!--more--><\/p>\n<p>But Camacho said state funding spent on conservation is far behind what the federal government spends \u2014 just\u00a0<a href=\"https:\/\/www.law.uci.edu\/centers\/cleanr\/news-pdfs\/cleanr-esa-report-final.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">5 percent of total spending<\/a>\u00a0on species protection comes from states.<\/p>\n<p>Of course, it\u2019s common for state spending to pale in comparison with that of the federal government. But the legal framework in states, Camacho said, also is not as robust as the federal law.<\/p>\n<p>While some states, such as Massachusetts, have a law that is more protective than the federal one, many don\u2019t, and Wyoming and West Virginia have no state law to protect endangered species.<\/p>\n<p>Unlike the federal law, Camacho said, many state laws don\u2019t allow citizens to petition to protect a species or may not require the use of the best scientific evidence. Many have fewer restrictions on how private land can be used even if endangered species live there.<\/p>\n<p>\u201cIf you change the federal law in ways that remove the federal government from regulatory implementation, then the state legal structure isn\u2019t there to fill in the gaps,\u201d he said, \u201cand the state resources to fill in the gaps aren\u2019t there either.\u201d<\/p>\n<p>But those advocating for a greater state role say studies like Camacho\u2019s consider an extreme case where states would be almost entirely responsible for current federal roles.<\/p>\n<p>John Swartout, who works as a senior policy advisor for Colorado Gov. John Hickenlooper, a Democrat, said state officials often feel their expertise on species \u2014 and their data in particular \u2014 isn\u2019t valued.<\/p>\n<p>\u201cWe want them to take our science seriously, because often it is the best science,\u201d he said, \u201cand we want to work in partnership with them.\u201d<\/p>\n<p>Some officials in New Mexico and Wyoming, however, have pushed for states to take on a far greater role if states are deemed \u201cwilling and able.\u201d<\/p>\n<p>\u201cOur thought is it would be up to states to avail themselves of as much or little as is able to be delegated,\u201d said Matthias Sayer, who has been developing a proposal for greater state involvement under New Mexico Gov. Susana Martinez, a Republican. The regulatory proposal has yet to be filed with the Interior Department, but Sayer hopes that a rule from the agency could range from issuing permits for activity that might impact an endangered animal to drafting and implementing plans for the recovery of a species.<\/p>\n<p>But not all states say they would be able to take on such tasks, even if they were willing.<\/p>\n<p>In Vermont, whose attorney general signed the letter opposing the federal agencies\u2019 changes, state Fish and Wildlife Commissioner Louis Porter said that for small states the federal government is necessary to help coordinate efforts for species whose migratory pattern crosses borders.<\/p>\n<p>\u201cIt\u2019s broader than just what one state can do,\u201d he said, adding that the challenges are \u201cmore than regulatory and funding issues.\u201d<\/p>\n<p>Environmentalists likewise say species\u2019 fate would depend heavily on where they reside.<\/p>\n<p>\u201cLet\u2019s face it. Wyoming didn\u2019t want to recover wolves. New Mexico has been hostile to wolf recovery,\u201d said Jason Rylander, a senior attorney at Defenders of Wildlife, a conservation advocacy group. \u201cIn some cases, it\u2019s not a priority; in other cases, a state may be downright opposed to conservation efforts.\u201d<\/p>\n<p>The attorney generals\u2019 letter, spearheaded by Massachusetts and California, also criticizes the agencies\u2019 proposal to more broadly weigh economic considerations in determining whether species can be added to the list. Cost, the attorneys general argue, should have no bearing on the question.<\/p>\n<p>Farmers and those in the energy industry have long said the law makes it tougher and costlier to develop land.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A fight is brewing over the Endangered Species Act.<\/p>\n","protected":false},"author":1,"featured_media":634323,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11],"tags":[3710,116],"class_list":["post-634317","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news-and-analysis","tag-endangered-species-act","tag-washington"],"_links":{"self":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/634317","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/comments?post=634317"}],"version-history":[{"count":3,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/634317\/revisions"}],"predecessor-version":[{"id":634324,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/634317\/revisions\/634324"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/media\/634323"}],"wp:attachment":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/media?parent=634317"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/categories?post=634317"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/tags?post=634317"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}