Have environmental groups gone too far in their overzealous attempts to save birds, fish and animals? Has the federal government gone too far in working with environmental groups that has resulted in an attack on private property rights and jobs?
Well, the state of Oklahoma and the Domestic Energy Producers Alliance (DEPA) believe the Department of the Interior (DOI) and the U.S. Fish and Wildlife Service (FWS) have had an exceptionally cozy relationship with environmental groups recently. Their relationship has resulted in numerous violations of the Endangered Species Act (ESA) and the American Procedures Act, according to a lawsuit that was filed on March 18 in U.S. District Court for the Northern District of Oklahoma in Tulsa.
The suit states DOI and the FWS have “an arrangement” with certain environmental groups that file numerous legal actions under ESA. The suit states DOI and FWS:
• Have violated their obligation under the law to use “the best scientific and commercial data available” solely in making their findings.
• Failed to take into consideration efforts made by any state to implement conservation programs.
• Failed to adhere to guidelines that establish a priority system for removing species from the candidate species classification.
• Secretly met with environmental groups that seek more species being named endangered; and
• Will damage private property rights throughout the United States through their actions.
The secret arrangement between environmental groups and federal agencies is called “sue and settle.”
Here is how the “sue and settle” system works — environmental groups bring a number of petitions to FWS who must respond within 90 days or one year depending on the circumstances. The barrage of petitions is often impossible for FWS to respond adequately before the deadline. The FWS settles the case without any input from other groups that will be affected. The environmental groups are able to collect attorneys’ fees out of the federal Judgment Fund and agency budgets. The environmental groups get what they want and the federal government pays their attorneys’ fees.
Not a bad deal. Hire a bunch of attorneys to file so many legal actions the federal regulatory agency can’t handle them all. Go into negotiation with the federal agency to settle without the other side present. Once the case is settled, the environmental groups get a check for the attorneys’ fees from the federal government.
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The lawsuit says that system is broken, and the ESA needs to be changed.
During the past 40 years, more than 2,095 species have been listed under ESA, with 1,476 being domestic species.
Although the ESA was intended to recover species, less than 1 percent of the total number of species in the United States have been recovered and removed from the list. Of those delisted, most were removed from the list due to data errors or other factors, such as a ban on the chemical DDT.
One recent case that has people in Texas, Oklahoma, New Mexico and Kansas concerned is a medium-sized bird called the lesser prairie chicken. FWS officials believe the prairie chicken has declined in numbers because of human activity such as grazing of livestock, oil and gas development and weather. The decision to list the prairie chicken as an endangered species would have an enormous negative impact on the economy of the Texas panhandle and Western Oklahoma.
However, economic impact to humans cannot be taken into consideration under the ESA.
Some members of Congress want to relook at the law and make changes. The House Committee on Natural Resources has held hearings and legislation may be coming soon.
The state of Oklahoma and DEPA have decided the recent abuses of the system need to be examined by the courts.
Alex Mills is president of the Texas Alliance of Energy Producers. The opinions expressed are solely of the author.
For more information, visit www.texasalliance.org or call (800) 299-2998.
