October 2005

Pombo Pushes for ESA Overhaul

Congressman Richard Pombo, (R) Stockton , Chairman of the House Resources Committee, has made it his mission to reform the Endangered Species Act (ESA), and it appears that he is starting to make significant progress to achieve this goal. Along with fellow Congressman Dennis Cardoza, (D) Merced, Pombo introduced the “Threatened and Endangered Species Recovery Act of 2005” in an attempt to reform a law that has failed to recover species and been a thorn in the side of private property owners.

“After three decades of implementation, the ESA has only recovered 10 of the roughly 1,300 species on its list” said Pombo. “What it has done instead is create conflict, bureaucracy and rampant litigation. It’s time to do better.”

The bill proposes a number of reforms that are aimed at improving species recovery, while simultaneously protecting the rights of private property owners and encouraging their participation in the efforts through incentives. The bipartisan bill proposes to replace the critical habitat program with a process that will identify areas of special value to the conservation of the species; requires best available science be used in all decision making; provides monetary incentives to promote voluntary conservation on private property; and requires reimbursement for private property owners who lose the value of their land due to regulatory actions to protect species.

These reforms, if enacted, will go a long way to provide the needed protections to private property owners, who currently are required by the federal government to bear the sole burden of the cost of species recovery. If society demands that species be preserved, it should be society as a whole that bears the burden. Pombo’s bill furthers this policy, as well as furthering the likelihood of success at recovering threatened species by engaging private property owners as part of the solution. Presently, property owners have a disincentive to protect species and their habitats for fear of costly regulation and prosecution. The ESA in its current form, creates a lose-lose situation for the landowner and the species. This legislation will remedy a well intentioned, but poorly crafted idea.

After thirty years of ESA ineptitude, Congressman Pombo is trying to make it right, and he currently has the support of the House of Representatives. The bill passed the House by a margin of 229-193, and awaits debate in the Senate. Bravo to Congressman Pombo and Congressman Cardoza for taking on the status quo.

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