An endangered desert bighorn lamb and its mother walk along a ridge

An endangered desert bighorn lamb and its mother walk along a ridge near Indio, California on August 24, 2023. Since being listed as "endangered" in 1998, the species' population has grown, but it continues to be threatened by extreme weather conditions.

(Photo: David McNew/Getty Images)

Weak Biden Endangered Species Rules a 'Massive Missed Opportunity'

"Imperiled plants and animals do not have the time for half-measures, since extinction is forever," one expert warned.

While welcoming efforts by President Joe Biden's administration to undo Trump-era damage to endangered species protections, conservationists warned Thursday that three new federal rules are inadequate, given the world's worsening biodiversity crisis.

The U.S. Fish and Wildlife Service and National Oceanic and Atmospheric Administration Fisheries, which proposed the rules last June, said that they will "restore important protections for species and their habitats; strengthen the processes for listing species, designating of critical habitat, and consultation with other federal agencies; and ensure a science-based approach that will improve both agencies' ability to fulfill their responsibilities under the Endangered Species Act (ESA)."

The Center for Biological Diversity—which had blasted the Trump administration for taking a "wrecking ball" to the decades-old law—praised the agencies for removing barriers to designating unoccupied areas as critical habitat as well as for restoring the "blanket rule" for threatened species and the ban on considering economic impacts of listing decisions.

However, the center also pointed out that "of the 31 harmful changes made in 2019 to the act's regulations, only seven are fully addressed and corrected in today's final rules," despite years of work on the new rules and nearly half a million public comments.

"We're mostly still stuck with the disastrous anti-wildlife changes made by the previous administration."

"This was a massive missed opportunity to address the worsening extinction crisis," said Stephanie Kurose, a senior policy specialist at the center. "We needed bold solutions to guide conservation as the climate crisis drives more and more animals and plants to extinction. Instead we're mostly still stuck with the disastrous anti-wildlife changes made by the previous administration."

Jamie Rappaport Clark, president and CEO of Defenders of Wildlife, similarly said that "while the regulations restore some essential wildlife protections, we were hopeful for far more than the marginal win the Biden administration delivered today."

"Our nation's threatened and endangered species are under constant attack and the Endangered Species Act is the only thing standing between them and extinction," she stressed. "We appreciate the administration's work on this matter, but at the end of the day much work remains to be done to ensure the Endangered Species Act can fulfill its critical lifesaving mission."

Experts at the environmental law organization Earthjustice also expressed disappointment that—as Drew Caputo, vice president of litigation for lands, wildlife, and oceans put it—the Biden administration didn't fully seize "the opportunity to fully reverse the damage inflicted upon the Endangered Species Act and the imperiled species it protects."

Writing about former Republican President Donald Trump's gutting of the ESA—which Biden helped pass shortly after joining the U.S. Senate in 1973—Earthjustice president Abigail Dillen explained at The Progressive on Wednesday:

The dismantling of the ESA could not have come at a worse time. Scientists around the world are telling us that we are on track to lose a million or more species in this century. We have already witnessed a staggering drop of more than two-thirds of all plant and animal life on Earth since 1970. In the United States, nearly half of our ecosystems are now at risk of collapse. It is a staggering pace of loss that climate change is only accelerating.

It would have been far worse without the ESA. The law has saved 99% of listed species from extinction, including the bald eagle, Florida manatee, and the gray wolf, one of my first "clients" when I began my career as an environmental lawyer more than two decades ago.

Earthjustice attorney Kristen Boyles declared Thursday that "we are in the midst of an extinction crisis; it is time for bold action."

"Imperiled plants and animals do not have the time for half-measures," she noted, "since extinction is forever."

The new rules—expected to provoke lawsuits from farmers, ranchers, and right-wing groups—come as Biden and Trump prepare for a rematch in November.

"One of the lingering legacies of Donald Trump is his attempt to undermine the Endangered Species Act, one of the most successful and popular conservation laws in the history of the United States," Sierra Club executive director Ben Jealous said Thursday. "At this moment, we should be listening to scientists and acting urgently to save biodiversity, not letting Donald Trump's gutting of environmental safeguards and sellouts to Big Business stand."

"President Biden has made generational investments in climate action with the Inflation Reduction Act and the Infrastructure Investment and Jobs Act, but we need him to do more to protect imperiled wildlife," he added. "The Biden administration needs to protect more habitat, not less. We need the administration to increase protections for biodiversity, not abandon them. The president has the power, and we need him to use it."

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