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Endangered Species Act (ESA) in the 109th Congress: Conflicting Values and Difficult Choices [Updated November 16, 2005]
"The 109th Congress is considering various proposals to amend the Endangered Species Act of 1973 (ESA; P.L. 93-205; 16 U.S.C. §§1531-1543). Major issues in recent years have included changing the role of science in decision-making, modifying critical habitat (CH) procedures, reducing conflicts with Department of Defense activities, incorporating further protection and incentives for property owners, and increasing protection of listed species, among others. In addition, many have advocated enacting as law some ESA regulations promulgated during the Clinton Administration. The ESA has been one of the more contentious environmental laws. This may stem from its strict substantive provisions, which can affect the use of both federal and nonfederal lands and resources. Under the ESA, species of plants and animals (both vertebrate and invertebrate) can be listed as 'endangered' or 'threatened' according to assessments of their risk of extinction. Once a species is listed, powerful legal tools are available to aid its recovery and protect its habitat. The ESA may also be controversial because dwindling species are usually harbingers of broader ecosystem decline: the most common cause of listing species is habitat loss."
Library of Congress. Congressional Research Service
Corn, M. Lynne (Mary Lynne), 1946-; Buck, Eugene H.; Sheikh, Pervaze A. . . .
2005-11-16
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Endangered Species Act (ESA) in the 113th Congress: New and Recurring Issues [February 1, 2013]
"Increasing numbers of animal and plant species face possible extinction. Endangered and threatened species--and the law that protects them, the 1973 Endangered Species Act (ESA, P.L. 93-205, as amended; 16 U.S.C. §§1531-1543)--are controversial, in part, because dwindling species are often harbingers of resource scarcity. The most common cause of species' decline is habitat loss or alteration. Habitat loss occurs due to development, climate change, changes in land management practices, competition from invasive species, and other factors, nearly all related to economic, political, or social interests. ESA has been among the most contentious environmental laws because its substantive provisions can affect the use of both federal and nonfederal lands and resources. Congress faces the issue of how to balance these interests with the protection of endangered and threatened species and, as stated in ESA, 'the ecosystems upon which endangered species and threatened species depend.' Because of strong support and strong opposition, ESA has not been reauthorized since the last authorization expired in 1992. In the 109th Congress, there were several unsuccessful attempts to enact comprehensive legislation that would have reauthorized ESA. Congressional efforts in the 110th, 111th, and 112th Congresses focused on addressing specific controversial features of ESA and on oversight of concerns such as the science used for making decisions and designating critical habitat, but little legislation related to ESA was enacted."
Library of Congress. Congressional Research Service
Buck, Eugene H.; Corn, M. Lynne (Mary Lynne), 1946-; Alexander, Kristina . . .
2013-02-01
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Arctic National Wildlife Refuge (ANWR): A Primer for the 114th Congress [March 17, 2015]
"In the ongoing energy debate in Congress, one issue has been whether to approve energy development in the Arctic National Wildlife Refuge (ANWR, or the Refuge) in northeastern Alaska--and if so, under what conditions--or whether to continue prohibiting development to protect the area's biological, recreational, and subsistence values. ANWR is rich in fauna, flora, and oil and natural gas potential, but energy development is currently prohibited by law. Its development has been debated for more than 50 years, and sharp periodic increases in energy prices have intensified the debate at times. Low energy prices, such as those currently being experienced, negate the short-term incentives for developing ANWR as Alaskan production is relatively costly. According to the American Petroleum Institute, in 2009 Alaskan drilling costs were nearly 18 times more than drilling costs in the lower 48 states. This report provides a primer on this debate, which has been given new impetus in 2015 by a presidential proposal to designate the area as wilderness. If approved by Congress, this designation would reinforce the existing prohibition on energy development. Procedurally, the status quo of no energy development in ANWR can be changed toward development or toward additional protection only by congressional action. Over the years, controversies have prevented any change in current law, either to open the Refuge to development or to give it further protection. […] This primer provides background for analyzing the various claims through an examination of ANWR's history and an analysis of its geological, biological, human, and economic resources."
Library of Congress. Congressional Research Service
Corn, M. Lynne (Mary Lynne), 1946-; Alexander, Kristina; Ratner, Michael
2015-03-17
