Bonta Opposes Rollback That Could Weaken Endangered Species Protections

Fisher [Image from US Forest Service]

California Attorney General Rob Bonta [yesterday] co-led a coalition of 16 attorneys general in sending a comment letter to the Trump Administration opposing a proposed rule by the United States Fish and Wildlife Service and the National Marine Fisheries Service (collectively, the Services) to rescind the regulatory definitions of “harm” under the federal Endangered Species Act (ESA). This change, if finalized, would significantly weaken the law’s ability to protect imperiled wildlife, especially from threats to the habitat upon which these species depend for their survival and recovery. This would include destroying breeding and feeding grounds, polluting or draining critical water sources, or degrading habitat, even if those actions lead to the death or injury of protected ESA-listed species.

“California is home to more than 300 species listed as threatened or endangered under the federal ESA, whose survival depends on the continued protection provided by the ESA,” said Attorney General Bonta. “Not only would the proposed rule put our ecosystems in critical danger, but the Trump Administration would be making this change illegally. My fellow attorneys general and I will continue to defend laws that protect endangered and threatened species and the preservation of biodiversity. Both humanity and the species with whom we share this planet depend on it.”

The ESA has been recognized as “the most comprehensive legislation for the preservation of endangered species ever enacted by any nation.” Enacted by Congress in 1973 with bipartisan support, the ESA provides a national program for the protection and recovery of endangered and threatened species and their habitats. Since then, the ESA has helped bring back several species from near-extinction, including the bald eagle, which is our national bird and an emblem of the nation, and the California condor.

In their letter, the attorneys general argue that the proposed rule from the Services, if finalized, will significantly reduce protections for vulnerable species and make it much harder to save such species from extinction, which is contrary to the plain language and purposes of the ESA, as well as longstanding Supreme Court precedent and other caselaw upholding the existing definitions. Not only is this proposed rule in violation of the ESA, but it also violates the Administrative Procedure Act and the National Environmental Policy Act.

California has millions of acres of lands that provide habitat for endangered and threatened species, and numerous local jurisdictions and private parties adhere to voluntary habitat conservation plans. These plans adjust land uses and development plans, and provide habitat protection and mitigation programs, to allow for reasonable economic development while avoiding, minimizing, and mitigating harm to listed species and their habitats.

California Attorney General Bonta co-led the letter with Massachusetts Attorney General Joy Campbell and Maryland Attorney General Anthony Brown. They were joined by the attorneys general of Arizona, Conneticut, Colorado, Illinois, Maine, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Washington.

A copy of the comment letter can be found here.