Alex Mills
By Alex Mills
Have environmental groups gone too far in their overzealous attempts to save birds, fish and animals? Has the federal government gone too far in working with environmental groups that has resulted in an attack on private property rights and jobs?
Well, the state of Oklahoma and the Domestic Energy Producers Alliance (DEPA) believes that the Department of Interior and the U.S. Fish and Wildlife Service (FWS) have had an exceptionally cozy relationship with environmental groups recently. Their relationship has resulted in numerous violations of the Endangered Species Act (ESA) and the American Procedures Act, according to a lawsuit that was filed on March 18 in U.S. District Court for the Northern District of Oklahoma in Tulsa.
The suit states that Interior and the FWS have “an arrangement” with certain environmental groups that file numerous legal actions under ESA. The suit states that Interior and FWS:
- have violated their obligation under the law to use “the best scientific and commercial data available” solely in making their findings;
- failed to take into consideration effort made by any state to implement conservation programs;
- failed to adhere to guidelines that establish a priority system for removing species from the candidate species classification;
- they secretly met with environmental groups that seek more species being named endangered; and
- their actions will damage private property rights throughout the U.S.
The secret arrangement between environmental groups and federal agencies is called “sue and settle.”
Here is how the “sue and settle” system works: Environmental groups bring a number of petitions to FWS who must respond within 90 days or one year depending on the circumstances. The barrage of petitions is often impossible for FWS to respond adequately before the deadline. The FWS settles the case without any input for other groups that will be affected. The environmental groups are able to collect attorneys’ fees out of the federal Judgment Fund and agency budgets. The environmental groups get what they want and the federal government pays their attorneys’ fees.
Not a bad deal. Hire a bunch of attorneys to file so many legal actions that the federal regulatory agency can’t handle them all. Go into negotiation with the federal agency to settle without the other side present. Once the case is settled, the environmental groups get a check for the attorneys’ fees from the federal government.
The lawsuit says that system is broken, and the Endangered Species Act needs to be changed.
Over the past 40 years, more than 2,095 species have been listed under ESA, with 1,476 being domestic species.
Although the ESA was intended to recover species, less than 1 percent of the total number of species in the U.S. have been recovered and removed from the list. Of those delisted, most were removed from the list due to data errors or other factors, such as a ban on the chemical, DDT.
One recent case that has people in Texas, Oklahoma, New Mexico and Kansas concerned is a medium-sized bird called the Lesser Prairie Chicken (LPC). FWS officials believe that the prairie chicken has declined in numbers because of human activity such as grazing of livestock, oil and gas development and weather. The decision to list the prairie chicken as an endangered species would have an enormous negative impact on the economy of Panhandle of Texas and western Oklahoma.
However, economic impact to humans cannot be taken into consideration under the Endangered Species Act.
Some members of Congress want to re-look at the law and make changes. The House Natural Resources Committee has held hearings and legislation may be coming soon.
The state of Oklahoma and DEPA have decided that the recent abuses of the system need to be examined by the courts.
Alex Mills is President of the Texas Alliance of Energy Producers. The opinions expressed are solely of the author.
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