Senator Shelley Moore Capito, Chairman of the Senate Environment and Public Works Committee, participated in a Fisheries, Water, and Wildlife Subcommittee hearing on March 18 to discuss the implementation of the Endangered Species Act (ESA).
The hearing addressed how states could play a larger role in protecting endangered species and examined challenges related to federal oversight. The topic is significant because the ESA affects industries such as timber, energy, and construction across various regions.
During the session, Capito said, “Certainly, coming from a state like West Virginia, we’re very, as every state is, familiar with the Endangered Species Act and some of the pluses and some of the minuses. Because, in some cases, the ESA has, at times, been used to unnecessarily slow down progress, particularly in our timbering and our energy industries […] and actually some of our construction on our highways going through the mountains. […] And so those impacts are felt everywhere. […] It seems like there’s a lot of agreement on the panel on directions that can make for improvements […] I am curious to know, I think, Mr. Yablonski, you mentioned that the states could play maybe a bigger role here. Could you elaborate on that a little bit in what kind of capacities […]?”
Brian Yablonski of Property and Environmental Research Center responded by highlighting Section 6 cooperative agreements under ESA: “I’m a former state wildlife chairman in Florida… There’s something like 200,000 species… The states probably manage 99%… But I think there’s another provision in the ESA under Section 6 that allows for ESA cooperative agreements that could be used more robustly… Within the statute it lays out… five requirements that the states would have to hit…” He also noted litigation concerns when Florida attempted this approach.
Capito questioned how species affected by natural diseases are managed under ESA rules: “You know…the [northern long-eared bat] – it has a white-nose syndrome. It has an illness that’s making this species die out. Yet it is on a list…” Jake Li from Defenders of Wildlife explained recent policy changes allowing wind energy companies to fund mitigation measures for disease-related declines: “So that gives a lot more flexibility to energy companies.”
The committee also discussed regional differences in enforcement. Yablonski said large charismatic species often draw attention away from others needing resources: “They tend to get all the attention and suck the oxygen out of the room…”
According to the official website, Capito chairs this committee alongside members such as Kevin Cramer and Cynthia Lummis. The committee maintains its base in the Senate Dirksen Office Building to support hearings and operations according to its official website. It oversees federal programs related to environmental quality and infrastructure nationwide according to its official website.
The Senate Environment and Public Works Committee handles legislation affecting environmental regulations and infrastructure maintenance across America according to its official website. Its subcommittees collaborate on issues including clean air and water resources according to its official website.
