DENVER – Worried that the federal Endangered Species Act often leads to stalled action because of lawsuits and misguided priorities, Western governors on Wednesday hosted a stakeholder process in Denver that could lead to an overhaul of the law.
Wyoming Gov. Matt Mead, the Republican chairman of the Western Governors’ Association, spearheaded the initiative in hopes of retooling the federal law. Also speaking Wednesday was Colorado Gov. John Hickenlooper, a Democrat.
“We can do better,” Mead told an audience gathered in a downtown Denver hotel.
“Lawyers are winning on the Endangered Species Act. The question is, are the species winning?” Mead continued.
The governors were light on details as to what reforms might look like, hoping that the stakeholder process will guide proposals. Recommendations are expected in June.
The Western Governors’ Association has been gathering input from a diverse group of stakeholders, including state parks and wildlife officials, federal endangered species representatives, the energy industry, sportsmen, conservationists and local lawmakers.
The association held its third meeting as part of the initiative Wednesday. The impetus for the effort stems from discussions over protecting the greater sage-grouse. Federal officials announced last year that the Western bird would not be listed as endangered, instead requiring new land-use plans that focus on habitat conservation.
The takeaway from that five-year process was that stakeholders had to work to strike a balance, said the governors. They believe a similar effort could result in reforms to the 42-year-old Endangered Species Act. “There’s this opportunity now to bring that same collaborative partnership ... to the table and roll up their sleeves and look with fresh eyes on how can we make this work even better,” Hickenlooper said.
The initiative comes as states grapple with access and regulation of public lands. A recent standoff in Oregon underscored the issue, where a group occupied a federal wildlife refuge headquarters, protesting federal lands policies.
In Colorado, the issue spilled into the Legislature, where a bill that would create a Public Lands Day saw Republicans attempting to amend it to include grievances with the federal government. The bill is working through the Legislature.
The frustration stems from a movement known as the new “Sagebrush Rebellion,” a resurgence of the effort in the 1970s and ’80s to force the federal government to give more control of government-owned Western lands to state and local authorities.
“We have a fairly strong sentiment here ... in favor of public lands. Within that there are people that would define those public lands differently, that would want the state to have some larger influence, or perhaps even ownership,” Hickenlooper said. “But that notion of public lands that are protected forever and have a variety of safeguards, I think that’s deeply held in Colorado.”
Environmental interests agree that there is a largely universal passion for public lands in the West. The worry, however, is that the Western governors’ initiative could ultimately weaken the Endangered Species Act. “If you look at the history of the Endangered Species Act, it’s been a great success, and I don’t think there’s anything outdated about the act,” said Matt Sandler, an attorney with Rocky Mountain Wild. He pointed out that lawsuits are often necessary because of a lack of action by federal authorities to protect certain species.
Sandler is one of the attorneys representing environmental interests who have concerns with the proposed Village at Wolf Creek development at the base of Wolf Creek Ski Area. They worry about effects to wildlife, including lynx. Opponents blame the U.S. Forest Service for not doing enough in terms of environmental assessments.
Meanwhile, La Plata County energy interests caution against any expansion of the law.
“Environmental groups have so overwhelmed the United States Fish and Wildlife Service with proposed listings and litigation that the agency does not have the resources, staff, time and money to focus their efforts on the protection and conservation of species that have already been listed,” said Christi Zeller, executive director of the La Plata County Energy Council. “They just are not able to get in the field to learn about the tremendous efforts in states and communities who truly are protecting their fish and wildlife.”
