Introduction of the Transparent Reporting Under ESA Listing Act

Floor Speech

INTRODUCTION OF THE TRANSPARENT REPORTING UNDER ESA LISTING ACT

* Mr. MARKEY. Madam Speaker, since 1973, the Endangered Species Act, ESA, has been one of our Nation's most important environmental laws. For over 30 years, the ESA has been the primary safety net for our Nation's species that are facing extinction. And this cornerstone of our environmental policy has been a tremendous success. More than 99 percent of the species that have been listed as threatened or endangered have avoided extinction, including iconic animals such as the bald eagle, the gray wolf, and the whooping crane.

* Recent reports have surfaced of political interference with the science behind Endangered Species Act decisions within the administration. It is crucial that we not allow politics to trump science in making decisions that can affect whether a species recovers or disappears forever. The ESA requires that decisions as to whether a species is an endangered or threatened species must be made purely based on the science. In addition, while decisions on the designation of a critical habitat of a species can include economic considerations, they must also be based on science.

* The Transparent Reporting Under ESA Listing Act or, the TRUE Listing Act, that I am introducing today would help ensure that the science behind these decisions is never compromised by political interference. This legislation would require that concurrent with the publication of a determination as to whether a species is threatened or endangered or the designation of critical habitat, the Secretary of the Interior publish a summary statement of the scientific rationale behind the decision or revision. Furthermore, the summary statement would include the name and title of any executive branch employee or officer who was involved in the decision. Publishing this important information will help ensure that political appointees not just within the Department of Interior but within the entire executive branch are not permitted to silently and anonymously interfere with the science behind ESA decisions.

* However, this legislation shedding light on the Department of the Interior decisionmaking go hand in hand with additional whistleblower protections for government employees, such as those contained in H.R. 985, the Whistleblower Protection Enhancement Act of 2007 that overwhelmingly passed the House in March of this year by a vote of 331-94. As we look to expand the transparency of ESA decisions, we must also ensure that those employees at the Fish and Wildlife Service and the Department of the Interior who are acting in the best interests of the Nation are not subject to reprisal.

Source