An ELI Member Seminar
In 2010, the U.S. Fish and Wildlife Service found listing the greater sage-grouse under the Endangered Species Act was “warranted, but precluded” by other ESA priorities. In an effort to avoid future ESA listing, one of the largest voluntary conservation efforts was undertaken bystate and federal agencies, private landowners, industry, and environmental groups to protect grouse habitat. After a status review, Secretary of the Interior Sally Jewell announced in the fall of 2015 that FWS had determined listing the grouse was not warranted.
The sage-grouse saga is one example of larger trends in current decision making under the Endangered Species Act. While supporters of the sage-grouse decision have applauded the engagement of stakeholders in voluntary pre-listing conservation strategies, critics claim these measures fall short of ESA requirements. Some believe that state-based protection plans are more likely to grant exceptions for economic interests, such as right-of-ways for electric transmission lines or grazing allotments. The narrative around the sage-grouse determination raises questions of “eco-pragmatism,” in which factors such as climate change and human population growth guide environmental decision-making, and protection efforts are balanced with development needs.
Our panel of experts discussed the evolving approaches to species protection under the Endangered Species Act.
Panelists:
Kerry L. McGrath, Associate, Hunton & Williams (moderator)
Gary Frazer, Assistant Director for Endangered Species, U.S. Fish & Wildlife Service
Brett Hartl, Endangered Species Policy Director, Center for Biological Diversity
Matt Haynie, Counsel, American Petroleum Institute (API)
Materials:
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