Statement by Rodger Schlickeisen President of Defenders of Wildlife on Committee Markup HR 4840, A Bill That Purports to Offer" Sound Scince" For ESA
HR 4840 has huge problems, beginning with its rejection, in the case of petitions for listing species, of the widely accepted scientific standard for using the “best scientific data available”, and its replacement with an IMPOSSIBLE new standard of “clear and convincing evidence.”
I say it is impossible because HR 4840 defines “clear and convincing evidence” - a phrase that has a well-established legal meaning - as encompassing “preponderance of the evidence” - a phrase with a DIFFERENT legal meaning.
And if that weren’t enough, HR 4840 also requires that there be a “firm belief by the Secretary” that the evidence is “clear and convincing” and the species should be listed. This has to be a bad joke. This requirement would have the effect of giving the Secretaries almost total discretion on whether a species should be listed or not.
Clearly it is a blatant attempt to make most listing decisions discretionary on the part of Interior Secretary Norton. We know she’d love to have such discretion; she asked for it in last year’s appropriations process ... and the Congress firmly rejected her request. Why in the world would they put listing species at the discretion of someone who has spent much of her career working against endangered species and who once said she believes the ESA is unconstitutional?
HR 4840 also establishes an arbitrary and unscientific preference for “field-tested data” rather than allowing scientists to determine what is the BEST scientific data available on a case-by-case basis.
And it establishes burdensome new procedures for listing petitions, which would make it much more difficult for citizens to petition for listing. And it establishes a peer-review process designed to delay and probably defeat new listings, but of course does not apply this to decisions to NOT list species.
The ESA is a very good law that isn’t perfect. It can and should be improved. I want to express the thanks of the environmental community to Congressman Rahall for his leadership on this as well as on so many environmental issues. We support his substitute for HR 4840 which would authorize real means of improving science under the ESA, and do so while maintaining the Act’s current fundamental scientific integrity. We also want to thank Congressman Miller for his steadfast work on this issue.
Efforts to emasculate the ESA have been consistently rejected by Congress in years past. HR 4840 must similarly be rejected now. If its sponsors decide they really want to improve the ESA - for the benefit of the environment and ALL stakeholders - then the environmental community, as always stands ready to help in the process. HR 4840 is not effort to make the ESA work better; it is effort to try to assure that it doesn’t work at all.
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Contact(s):
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