Long title | An Act To amend the Endangered Species Act of 1973 to establish an Endangered Species Interagency Committee to review certain actions to determine whether exemptions from certain requirements of that Act should be granted for such actions. |
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Acronyms (colloquial) | ESA, God Squad |
Enacted by | the 95th United States Congress |
Citations | |
Public law | 95–632 |
Statutes at Large | 92 Stat. 3751 |
Codification | |
Titles amended | 16 U.S.C.: Conservation |
Legislative history | |
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Major amendments | |
The Endangered Species Act (ESA) was first passed in 1973 and forms the basis of biodiversity and endangered species protection in the United States. The original purpose of the Endangered Species Act of 1973 was to prevent species endangerment and extinction due to the human impact on natural ecosystems. [1] The three most powerful sections of the ESA are Sections 4, 7 and 9. Section 4 allows the Secretaries of Interior and Commerce to list species as threatened or endangered based on best available data. [2] Section 7 requires federal agencies to consult with Fish and Wildlife Service (FWS) or National Marine Fisheries Service (NMFS) before taking any action that may threaten a listed species. [2] Section 9 forbids the taking of an endangered species. [2] The first amendment to the ESA was passed by the 95th United States Congress in 1978 to "introduce some flexibility into the Endangered Species Act". [1]
The snail darter case was important for the ESA because it made Congress realize how powerful the ESA really was. In 1966, the Tennessee Valley Authority began construction on the Tellico Dam on the Little Tennessee River. For years, environmentalists tried to shut down the project, but their actions were unsuccessful until the discovery of the snail darter, a small fish that feeds off aquatic snails. The snail darter was listed as an endangered species in 1975 and part of the Little Tennessee River was designated as critical habitat. [2] The completion of the Tellico Dam threatened the survival of the snail darter, which was thought to be native only to the Little Tennessee River. In 1976, battle in the courts between the Tennessee Valley Authority and environmentalists began over the fate of the snail darter. Over the next three years, the decision was appealed all the way to the Supreme Court. In Tennessee Valley Authority v. Hill the U.S. Supreme Court ruled in favor of protecting the species "whatever the cost". The Endangered Species Act was clear in stating that no federal project should be exempt from the provisions of Section 7. [2]
Starting in the spring of 1977, members of Congress made several attempts to pass legislation that weakened the ESA. Many large business interest groups, including the mining and timber industries, also spoke out against the power of the ESA. [2] Beginning in April 1978, the Senate Subcommittee on Resources Protection began debating and developing a bill that would create a committee with power to exempt federal actions from Section 7 requirements. [2] On April 12, 1978 Senator John Culver (D-IA) and Senate Minority Leader Howard Baker (R-TN) introduced a bill that would create a seven-member Cabinet-level committee with the authority to exempt a federal agency from Section 7 requirements. [2]
Meanwhile, in Wheatland, Wyoming, a consortium of energy utilities were attempting to build the Grayrocks Dam on the Laramie River to supply a coal-fired power plant. [3] Upset that water diversion would threaten the critically endangered whooping crane, on October 2, 1978, the Nebraska Attorney General’s office obtained a federal injunction barring the dam. [4] Grayrocks, however, enjoyed strong support in Congress, and by October 14 Teno Roncalio (D-WY) convinced the House to pass a bill exempting the dam from all federal regulation. [3] In lieu of that, Senator Culver (D-IA) adapted the bill to his own attempts to exempt the snail darter, creating the Endangered Species Committee and required the committee to decide on an exemption from protections of the snail darter and the whooping crane within 30 days. Both the House of Representatives and Senate voted to amend the ESA and on November 10 President Jimmy Carter signed the amendment into law. [2] On December 4, Nebraska reached a settlement under which the power utilities would get to build Grayrocks dam by agreeing to purchase some habitat for the whooping crane. [5] On February 7, 1979, the God Squad met for the first time, refused to exempt the snail darter from protection, and granted Grayrocks an exemption from the whooping crane protections.
The 1978 amendment to the ESA "attempts to retain the basic integrity of the ESA, while introducing some flexibility which will permit exemptions from the Act's stringent requirements." [1] The amendment clarified the ESA of 1973 in many ways, including clearly defining the term critical habitat, clearly defining penalties for non-compliance and determining the future appropriation of funds. [6] The most important change that was brought about by the 1978 amendment was the creation of the Endangered Species Committee, known as the "God Squad" because of the substantial impact of its decisions on the natural world. [6] [7]
The God Squad is a committee composed of seven Cabinet-level members: The administrator of the Environmental Protection Agency, the administrator of National Oceanic and Atmospheric Administration, the chairman of the Council of Economic Advisers, a representative from the state in question, the Secretary of Agriculture, the Secretary of the Army, and the Secretary of the Interior. [8] This committee has the authority to allow the extinction by exempting a federal agency from Section 7 requirements. To exempt a species, five of the seven members must vote in favor of the exemption. [8] The following conditions must be met for a species to be considered for exemption:
Also, mitigation efforts must be taken to reduce the negative effects on the endangered species. [8]
Since the whooping crane, the only endangered species protections the God Squad has exempted are those for the northern spotted owl.[ citation needed ] In 1991, a federal judge ordered the halting of logging on Pacific Northwest national lands because of the threat to the northern spotted owl. [9] Following this action, the Bureau of Land Management (BLM) filed for exemption from Section 7. [9] The northern spotted owl is a medium-sized bird that is dependent on old-growth forest and large territories for survival. [2] The BLM came up with a solution that allowed logging to continue in the area, which included the sale of timber on 44 timber tracts to the logging industry. [9] The 44 tracts totaled 4400 acres (18 km2) of land. [9] The God Squad convened and discussed the issue. In a 5:2 vote, the God Squad voted for approval of the exemption in thirteen of the sales where there was no reasonable alternative to the sale. [2] However, the exemption was soon overturned when Judge Stephen Reinhardt on the Ninth Circuit Court of Appeals found it had been illegal for the President to talk to his cabinet about the exemption. [10]
The environmentalists and the BLM agreed on a compromise that allowed the timber sale to continue. The BLM would develop a Long Range Forest Management Plan that would need to be approved by the FWS before any future timber sales. [9] When the Clinton administration came into office, they withdrew the exemption request and convened a conference resulting in appointment of the Forest Ecosystem Management Assessment Team (FEMAT). [2] The FEMAT was created to develop a plan to protect the owl while still maintaining logging and forest management across the region. FEMAT and the Clinton administration agreed to protect 10 million acres (40,000 km2) of old growth forest for the owl, while limiting logging to 1 billion board feet (2,400,000 m3) per year. [2]
The spotted owl is a species of true owl. It is a resident species of old-growth forests in western North America, where it nests in tree hollows, old bird of prey nests, or rock crevices. Nests can be between 12 and 60 metres high and usually contain two eggs. It is a nocturnal owl which feeds on small mammals and birds. Three subspecies are recognized, ranging in distribution from British Columbia to Mexico. The spotted owl is under pressure from habitat destruction throughout its range, and is currently classified as a near-threatened species.
The Endangered Species Act of 1973 is the primary law in the United States for protecting and conserving imperiled species. Designed to protect critically imperiled species from extinction as a "consequence of economic growth and development untempered by adequate concern and conservation", the ESA was signed into law by President Richard Nixon on December 28, 1973. The Supreme Court of the United States described it as "the most comprehensive legislation for the preservation of endangered species enacted by any nation". The purposes of the ESA are two-fold: to prevent extinction and to recover species to the point where the law's protections are not needed. It therefore "protect[s] species and the ecosystems upon which they depend" through different mechanisms. For example, section 4 requires the agencies overseeing the Act to designate imperiled species as threatened or endangered. Section 9 prohibits unlawful ‘take,’ of such species, which means to "harass, harm, hunt..." Section 7 directs federal agencies to use their authorities to help conserve listed species. The Act also serves as the enacting legislation to carry out the provisions outlined in The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The Supreme Court found that "the plain intent of Congress in enacting" the ESA "was to halt and reverse the trend toward species extinction, whatever the cost." The Act is administered by two federal agencies, the United States Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS). FWS and NMFS have been delegated by the Act with the authority to promulgate any rules and guidelines within the Code of Federal Regulations (CFR) to implement its provisions.
The snail darter is a small species of freshwater ray-finned fish, a darter from the subfamily Etheostomatinae, part of the family Percidae, which also contains the perches, ruffes and pikeperches. It is found in East Tennessee freshwater in the United States and in small portions of northern Alabama and Georgia. First recorded in 1973, the snail darter was listed as endangered under the U.S. Endangered Species Act of 1973 by 1975. The species was at the center of a major environmental law controversy that involved a lawsuit seeking to halt the completion of Tellico Dam, which posed a risk of extinction for the snail darter by blocking its migratory route. The case was eventually appealed to the U.S. Supreme Court, which ruled on it in its 1978 decision Tennessee Valley Authority v. Hill.
The Buffalo River is the longest unimpounded river in Middle Tennessee in the United States. It flows 125 miles (201 km) through the southern and western portions of that region. The Buffalo is the largest tributary of the Duck River. Canoeing is popular, especially in its middle section. The river is named for the Buffalo fish which was abundant when the first European settlers arrived.
The Willamette National Forest is a National Forest located in the central portion of the Cascade Range of the U.S. state of Oregon. It comprises 1,678,031 acres (6,790.75 km2). Over 380,000 acres are designated wilderness which include seven major mountain peaks. There are also several National Wild and Scenic Rivers within the forest. The forest is named for the Willamette River, which has its headwaters in the forest. The forest's headquarters are located in the city of Springfield. There are local ranger district offices in McKenzie Bridge, Detroit, Sweet Home, and Westfir.
The Wheeler National Wildlife Refuge is a 35,000-acre (142 km2) national wildlife refuge (NWR) located along the Tennessee River near Decatur, Alabama. Named after Major General Joseph Wheeler, it was established to provide a habitat for wintering and migrating birds in the Eastern United States.
Tellico Dam is a concrete gravity and earthen embankment dam on the Little Tennessee River that was built by the Tennessee Valley Authority (TVA) in Loudon County, Tennessee. Planning for a dam structure on the Little Tennessee was reported as early as 1936 but was deferred for development until 1942. Completed in 1979, the dam created the Tellico Reservoir and is the last dam to be built by the Tennessee Valley Authority.
Tennessee Valley Authority v. Hiram Hill et al., or TVA v. Hill, 437 U.S. 153 (1978), was a United States Supreme Court case and the Court's first interpretation of the Endangered Species Act of 1973. After the discovery of the snail darter fish in the Little Tennessee River in August 1973, a lawsuit was filed alleging that the Tennessee Valley Authority (TVA)'s Tellico Dam construction was in violation of the Endangered Species Act. Plaintiffs argued dam construction would destroy critical habitat and endanger the population of snail darters. It was decided by a 6-3 vote, in which the U.S. Supreme Court ruled in favor of Hill, et al. and granted an injunction stating that there would be conflict between Tellico Dam operation and the explicit provisions of Section 7 of the Endangered Species Act.
The snail darter controversy related to the discovery in 1973 of an endangered species during the construction of the Tellico Dam on the Little Tennessee River; the dam project had been authorized and begun before passage of protective environmental legislation. On August 12, 1973, University of Tennessee biologist and professor David Etnier discovered the snail darter in the Little Tennessee River while doing research related to a lawsuit under the National Environmental Policy Act (NEPA). The lawsuit said that the Tellico Reservoir, to be created by Tellico Dam, would alter the habitat of the river to the point of killing off the endangered snail darter.
Walter Leslie AuCoin is an American politician. In 1974 he became the first person from the Democratic Party to be elected to the U.S. House of Representatives from Oregon's 1st congressional district, since it was formed in 1892. The seat has been held by Democrats ever since.
The National Forest Management Act (NFMA) of 1976 is a United States federal law that is the primary statute governing the administration of national forests and was an amendment to the Forest and Rangeland Renewable Resources Planning Act of 1974, which called for the management of renewable resources on national forest lands. The law was a response to lawsuits involving various practices in the national forest, including timber harvesting., Zieske v Butz was the lawsuit brought by members of the Pt Baker Association on Prince of Wales Island against the US Forest Service's first environmental impact statement. The suit halted logging on the NW tip of the island which consisted of 400,000 acres and resulted in a call by the timber industry for Congressional action to undo the lawsuit. Representative Foley noted on the floor that six other suits were blocking logging with holdings similar to Zieske v Butz.
The northern spotted owl is one of three spotted owl subspecies. A western North American bird in the family Strigidae, genus Strix, it is a medium-sized dark brown owl native to the Pacific Northwest. An important indicator species, the northern spotted owl remains threatened due to continued population decline from human-caused habitat destruction and competition with invasive species, its main competitor being the barred owl.
The Center for Biological Diversity is a nonprofit membership organization known for its work protecting endangered species through legal action, scientific petitions, creative media and grassroots activism. It was founded in 1989 by Kieran Suckling, Peter Galvin, Todd Schulke and Robin Silver. The center is based in Tucson, Arizona, with its headquarters in the historic Owls club building, and has offices and staff in New Mexico, Nevada, California, Oregon, Illinois, Minnesota, Alaska, Vermont, Florida and Washington, D.C.
The Northwest Forest Plan (NWFP) is a series of federal policies and guidelines governing land use on federal lands in the Pacific Northwest region of the United States. It covers ten million hectares within Western Oregon and Washington, as well as a small part of Northern California.
Critical habitat refers to specific geographic areas essential to the conservation of a listed endangered species, though the area need not actually be occupied by the species at the time it is designated. Critical habitat is a legal designation of land use defined within the U.S. Endangered Species Act-ESA. Contrary to common belief, designating an area as critical habitat does not preclude that area from development. A critical habitat designation only affects federal agency actions. Such actions include federally funded activities or activities requiring a federal permit that may negatively affect the quality of habitat for a listed species. This law also defines that there may be no "take" of a listed species from the designated area. This land designation aims to protect vital habitat for endangered species by preserving areas that are able to meet the identified needs for the target species. This is a key feature of conservation as outlined in the ESA.
Hydropower policy in the United States includes all the laws, rules, regulations, programs and agencies that govern the national hydroelectric industry. Federal policy concerning waterpower developed over considerable time before the advent of electricity, and at times, has changed considerably, as water uses, available scientific technologies and considerations developed to the present day; over this period the priority of different, pre-existing and competing uses for water, flowing water and its energy, as well as for the water itself and competing available sources of energy have changed. Increased population and commercial demands spurred this developmental growth and many of the changes since, and these affect the technology's use today.
Babbitt, Secretary of the Interior v. Sweet Home Chapter of Communities for a Great Oregon, 515 U.S. 687 (1995), is a US Supreme Court case, decided by a 6–3 vote, in which the plaintiffs challenged the Interior Department's interpretation of the word "harm" in the Endangered Species Act (ESA).
A Habitat Conservation Plan (HCP) is a required part of an application for an Incidental Take Permit, a permit issued under the United States Endangered Species Act (ESA) to private entities undertaking projects that might result in the destruction of an endangered or threatened species. It is a planning document that ensures that the anticipated take of a listed species will be minimized or mitigated by conserving the habitat upon which the species depend, thereby contributing to the recovery of the species as a whole.
Last Mountain Lake Bird Sanctuary is a National Historic Site of Canada, located in the rural municipality of Last Mountain Valley No. 250 in Saskatchewan. The migratory bird sanctuary was the first established in North America. The 47.36 km2 (18.29 sq mi) area is within the Last Mountain Lake National Wildlife Area, an International Biological Program site, and includes adjacent uplands.
Ādaži was established in 2004 as a protected landscape in Ādaži and Saulkrasti municipalities of Latvia. Pierīga, Gauja is on the right bank of the lower reaches Ādaži military poligone and its adjacent territories. The area was created to preserve Latvia's rare habitats created during military training - dry heaths and open inland dunes with sand dune meadows, bluish meadow meadows and mesotrophic lakes, as well as a significant number of specially protected plant and animal species. The area also includes the Lieluika and Mazuika lakes nature reserve. Lake Mazuika is recognized as a benchmark for a clear water lake in the Baltic region. Natura 2000 territory.