The landmark Endangered Species Act seems less
endangered now that Rep. Richard Pombo is out of Congress, and a
recent bipartisan proposal holds promise for uniting interest groups
that have long fought over the 1973 law.
But a second proposal needs to be studied
carefully to ensure that the act itself will continue to protect
vulnerable species.
The law came under heavy assault during the 109th
Congress, with Pombo, a California Republican, pushing predatory
changes widely regarded as a way to gut the act.
Voters drummed Pombo out of Congress last November
and his party lost its majority, creating a new political landscape.
Even so, there's no shortage of conflict over the endangered species
law.
Environmentalists long have long seen the law as a
key tool in protecting animals, fish and plants that are threatened
by human development.
Success stories include the American bald eagle,
whose population has rebounded under protection and which now is
being considered for removal from the threatened and endangered
list.
In Colorado, the act has been a key factor in
efforts to save such species as the Preble's jumping mouse, the
Gunnison sage grouse and the greenback cutthroat trout.
Critics of the law complain about infringement on
property rights, the high number of listed species that don't seem
to recover, and bureaucratic delays.
The proposed new legislation, S. 700, has united
many groups on both sides of the debate. Colorado Sens. Wayne Allard
and Ken Salazar are among the co-sponsors of the measure. If
approved, it would provide up to $400 million a year in tax credits
to landowners who protect threatened and endangered species on their
land.
It's a welcome approach, and the generally
successful record of conservation easements would seem to indicate
it could be a successful one as well. But the bill's $2.7 billion
price tag over 10 years might be an obstacle, given the financial
pressures facing Congress.
Another measure, S. 658, proposes a broader revamp
of the act and should get a very careful look. Some analysts who've
studied the bill fear it would limit the scientific data that could
be used when deciding to list a species. That bill is sponsored by
GOP Sen. Craig Thomas of Wyoming and co-sponsored by Allard.
After more than 30 years, there's little
disagreement that the Endangered Species Act is due for some fine
tuning, but it needs to be done very thoughtfully, and in the
cooperative spirit that has been absent from the debate in the past.