[Tweeters] Proposed weakening of Endangered Species Act

[Louise via Tweeters]

Unfortunately this is not something that is coming from the agencies, or
even the current administration. This is coming out of a couple of terrible
2024 Supreme Court rulings, such as the overturning of Chevron.

https://www.barclaydamon.com/alerts/end-of-an-era-scotus-overturns-chevron-after-40-years-of-deference-to-administrative-agencies

When it was first drafted, the Endangered Species Act intended 'harm' to
apply directly to individuals. As understanding of ecology grew and how
impossible it is to protect a species without also protecting its habitat,
the interpretation of 'harm' by the government and its various agencies was
broadened to include indirect harm by disturbing habitat.

Last year's Supreme Court rulings have decided that this interpretation is
too broad and the government had no right to do it.  “courts need not and
under the [Administrative Procedure Act] may not defer to an agency
interpretation of the law simply because a statute is ambiguous.”

The Biden administration had already begun the process of adjusting the
policies and wording of its agencies' directives in order to comply with
the Supreme Court rulings, and the current administration has continued
that process.

This proposed rewording is not a direct result of the administration's
policies (although I doubt they disagree with it)  - it is intended to make
the wording of the law more closely reflect its application as directed by
the Supreme Court. Sadly, no amount of people commenting on the proposed
change saying that it's terrible will over-ride the Supreme Court ruling.
There are two solutions to the problem - one is for the government to draft
a new endangered species act from scratch that specifically protects
habitat. The other is to wait until we have a more progressive Supreme
Court that may revisit the ruling, since this is apparently a thing that
happens now.

Louise Rutter
Kirkland

On Fri, May 9, 2025 at 10:54 AM Faye McAdams Hands via Tweeters <
tweeters at u.washington.edu> wrote:


> Thank You Mary!

>

> Protecting our planet, and the birds that we all come together here to

> enjoy, is above ALL politics.

> Thank you for alerting us!

>

> Happy Birding,

> Faye

> zest4parus at hotmail.com

>

> Faye McAdams Hands

>

> Life is Simple -- Eat, Sleep, Bird.

> ------------------------------

> *From:* Tweeters <tweeters-bounces at mailman11.u.washington.edu> on behalf

> of Mary Metz via Tweeters <tweeters at u.washington.edu>

> *Sent:* Friday, May 9, 2025 10:44 AM

> *To:* tweeters at u.washington.edu <tweeters at u.washington.edu>

> *Subject:* [Tweeters] Proposed weakening of Endangered Species Act

>

> I'm not sure if this is too political for Tweeters, but I'm hoping that

> we're all in agreement that the ESA is a good thing and that it's important

> to protect birds' habitats. The following is from the Discovery Bay Wild

> Bird Rescue people--and the deadline for commenting on the proposed change

> is May 19:

>

> Recently, the U.S. Fish and Wildlife Service and the National Marine

> Fisheries Service proposed a change to the Endangered Species Act. The

> proposal involves replacing the word “harm” with “take,” which could

> significantly weaken protections for the habitats of endangered species.

> This change is currently open for public comment, and we encourage everyone

> to consider speaking out and taking action to protect wildlife and their

> ecosystems. Some background:

> For more information

> https://www.barclaydamon.com/.../proposed-endangered...

> <https://www.barclaydamon.com/alerts/proposed-endangered-species-act-change-seeks-to-redefine-harm?fbclid=IwZXh0bgNhZW0CMTAAYnJpZBExS2NJUzM2NXlsNGY4eG12UgEeBzpPUP4LTzZxykF4r4QFQebCv80RSSKhdAcF6ab2TTPtw0DYXQCPNoHJjqs_aem_QNX3a8cLVx52eIrxhdnClw>

> To make your voice heard

> https://www.regulations.gov/docu.../FWS-HQ-ES-2025-0034-0001

> <https://www.regulations.gov/document/FWS-HQ-ES-2025-0034-0001?fbclid=IwZXh0bgNhZW0CMTAAYnJpZBExS2NJUzM2NXlsNGY4eG12UgEe7MIpWWprRBcJRDaVLHIwlpuuqUjJihW7eNwNO0SOyni9E-iyKYx4ZKr55Vs_aem_Mn79p1xFSMgl2GWM649Olw>

>

> Thanks!

> Mary

>

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> Tweeters at u.washington.edu

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>

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