Watching Government: Building a better ESA

March 13, 2017
Wyoming Gov. Matthew H. Mead (R) launched an endangered species initiative when he became chairman of the Western Governors Association 18 months ago. Once WGA adopted it at its annual meeting this past June, Mead decided to bring it to the National Governors Association's recent 2017 Winter Meeting in Washington, DC.

Wyoming Gov. Matthew H. Mead (R) launched an endangered species initiative when he became chairman of the Western Governors Association 18 months ago. Once WGA adopted it at its annual meeting this past June, Mead decided to bring it to the National Governors Association's recent 2017 Winter Meeting in Washington, DC.

Governors there adopted a resolution that essentially expressed appreciation for the federal Endangered Species Act's goals, but suggested ways that it could work better.

Its recommendations included improving federal regulatory flexibility to prioritize, review, and make decisions on listing petitions; ensuring that ESA decisions have a strong scientific basis; giving states a bigger role in recovering listing species; and encouraging alternatives to litigation.

"It was noncontroversial. That speaks volumes to the 18 months of groundwork Gov. Mead laid in bringing governors and stakeholders together, including local governments," David Wilms, Mead's policy advisor, told OGJ on Mar. 2.

That idea basically has driven the initiative forward from the outset. What grew from a concern in Wyoming that grizzly bears, gray wolves, and other recovered species were still listed as endangered or threatened grew into opportunities across the West for states to share best practices and involve more stakeholders.

"Since November, we've held more work sessions where facilitators lead small group discussions and ask targeted questions on ways to improve species conservation generally," Wilms said.

"These aren't media events, just an opportunity for everyone to get together and share ideas. We hope to take this information and inform Congress where there might be opportunities and describe the consensus behind our findings," he said. Ideas were not attributed to specific people so opinions could be expressed freely, he added.

At the grass roots

From the outset, the idea has been to gather information at the grass roots to show the federal government where there might be opportunities to improve the ESA.

The greatest success was the unprecedented greater sage grouse habitat collaboration involving state and local governments, oil and gas producers, ranchers and other landowners, and outdoor recreation and conservation groups. It kept the US Fish and Wildlife Service from listing the bird as threatened or endangered in September 2015.

Constructive collaborations are never easy. Their results may not satisfy every stakeholder. But their broad base of support is more likely to endure than regulations imposed in an administration's final months since Congress discovered the Congressional Review Act and began to use it.

"We're trying to cast as broad a net as possible. We invited everyone who might have a vested interest to participate," Wilms said. "This is a process that doesn't have a predetermined outcome. It's designed to help inform policymakers."