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Malcolm Maclachlan
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Tracy Press
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June 30, 2005.
For months, observers on both sides of the political fence
have waited for Rep. Richard Pombo, R-Tracy, and his
colleagues on the House Resources Committee to offer
legislation to change the Endangered Species Act.
No bill is due until mid-July, but many have gotten their
first glimpse from an outline passed around Washington, D.C.
Activists on the right and the left have found plenty to
dislike.
Pombo’s Resources Committee staff, however, says the
summary is an old document that environmentalists are using to
create controversy.
The four-page document bears the heading “Threatened and
Endangered Species Recovery Act of 2005,” and refers to the
proposed new law by that name. This is followed by 10
sections, each listing a problem with the 31-year-old act,
along with a proposed solution.
According to the document's description, the new act would
give local governments a bigger say in habitat decisions,
improve the science behind decisions and give incentives to
landowners who have endangered species on their land.
It also states that the legislation would eliminate the
“outdated, expensive and irrelevant ESA Committee (God
Squad)” and place enforcement under the U.S. Department of
the Interior, an agency that has been criticized by
environmentalists.
Brian Kennedy, press secretary for Pombo at the Resources
Committee, said the document circulated for months and had
been sent to politicians in both parties. He characterized the
document as “a set of concepts.”
“It’s a little absurd to characterize this as a bill,
when there are no mechanics involved,” Kennedy said.
Pombo recently sent a “dear colleagues” letter to
congressional Democrats that noted, "We have an
obligation to reauthorize the ESA, and I am working to have
legislation ready for consideration on the floor of the House
as soon as possible.”
However, a representative from one Democrat’s office said
the letter was not accompanied by the summary. Tom Kiley,
press secretary for Rep. George Miller, D-Richmond, confirmed
that he first saw the summary last week and said that it did
not come directly from Pombo’s office.
“Chairman Pombo has mostly kept Democrats in the dark
about his plans for ESA,” Kiley said.
Property-rights advocate David Ridenour contacted the Tracy
Press this week to say that he had seen the document and other
material related to a proposed Endangered Species Act
revision.
While he and others have long sought changes — or in some
cases, outright repeal — of the existing act, Ridenour said
that the summary gave him pause.
“He (Pombo) has spoken out very strongly for property
rights over the years, but in terms of actually delivering, we
haven’t seen much,” Ridenour said. “We’ve been hoping
that this would be the year he delivered.”
Ridenour went on to say that some changes mentioned in the
summary would be “a huge step forward.”
However, he said the portions about how property owners can
respond when endangered species are found on their property
make it hard for landowners who can’t afford to hire
attorneys like corporations can.
But the most vehement opposition still comes from
environmentalists.
The Center for Biological Diversity issued a critique that
claims that the Threatened and Endangered Species Recovery Act
of 2005 would give corporations the ability to file lawsuits
that would prevent the Endangered Species Act from being
enforced.
It also claims the document is filled with untruths, such
as an assertion that states are not allowed to comment on
species recovery plans. Finally, the critique charged that the
bill would seek to interfere with the work of scientists and
slash protections for numerous species.
Kennedy said the center was using the summary for political
gain.