Revised Permitting Bill Fails to Address Threats to Endangered Species Act

Defenders of Wildlife remains opposed to the Bipartisan American Affordability and Jobs Act (BAAJA) following revisions that leave the bill's most damaging provisions affecting the Endangered Species Act largely unchanged.

Andrew Bowman, president and CEO of Defenders of Wildlife released the following statement:

"Congress has had an opportunity to improve this bill, yet its fundamental threats to endangered wildlife remain. The Endangered Species Act is not responsible for America's permitting delays, and weakening this landmark law will not solve them. Instead, this legislation would strip away essential safeguards, create new uncertainty and put decades of conservation progress at risk.

"Last week's historic elections changed the political landscape. Newly elected members of Congress, along with the committees responsible for these laws, deserve a meaningful role in negotiating a better agreement. America's wildlife should not be sacrificed for a rushed deal when we have an opportunity to get this right. The Senate should reject BAAJA."

The revised legislation retains five provisions that Defenders says would undermine wildlife protections without meaningfully improving permitting efficiency:

• A patchwork of state wildlife reviews. The bill would allow states to assume federal Endangered Species Act consultation responsibilities, potentially creating inconsistent processes across the country. Federal consultations are already efficient: 92% are informal, typically taking about two weeks, while formal consultations generally take about two months.

• Exemptions that bypass wildlife safeguards. Certain highway projects and nationwide water permit reissuances would be exempt from requirements intended to ensure federal actions do not jeopardize endangered species.

• New uncertainty over scientific standards. Vague changes to how agencies evaluate scientific evidence could invite litigation, delay project approvals and make it harder for wildlife experts to apply the best available science.

• Reduced access to judicial review. The bill would impose a 150-day deadline for certain challenges involving Endangered Species Act decisions, replacing the generally applicable six-year period, and channel those cases to appellate courts that lack the same experience acting as district courts as the district courts themselves. Others would have to proceed under accelterated schedules.

• Shorter deadlines without additional resources. The standard formal consultation period would shrink from 90 to 60 days without corresponding increases in agency staffing or funding, risking less thorough reviews and additional legal challenges.

Defenders of Wildlife supports improving permitting efficiency and building the infrastructure America needs. But maintains that those goals can be achieved without weakening the Endangered Species Act or creating new obstacles to responsible development.

Defenders urges senators to oppose BAAJA and allow the incoming Congress to negotiate a better permitting agreement.

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For nearly 80 years, Defenders of Wildlife has worked to protect and restore America's wildlife at risk of extinction, advancing a vision of a future in which wildlife thrives, sustained by broad public support and a resilient network of healthy lands and waters. With a network of more than 2 million supporters, Defenders is an advocate for innovative solutions to safeguard wildlife for generations to come. To learn more, please visit https://defenders.org/newsroom or follow us on Instagram @defendersofwildlife.

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