Charleston Leader

The Senate Environment and Public Works (EPW) Committee convened today for a hearing titled, “The U.S. Fish and Wildlife Service’s (FWS) Proposed Fiscal Year 2025 Budget.” The session featured testimony from FWS Director Martha Williams.

Ranking Member Shelley Moore Capito (R-W.Va.) delivered an opening statement, addressing ongoing issues related to the Endangered Species Act (ESA) and its impact on critical projects in West Virginia.

“Thank you Chairman Carper for holding today’s hearing,” Capito began. She welcomed Director Williams and expressed appreciation for her attendance. Capito highlighted persistent frustrations with the consultation process under the ESA, which she claims has delayed essential infrastructure projects in her state.

“Our state’s department of highways has faced delays on road and bridge projects,” she stated. “And our state’s DEP [Department of Environmental Protection] has dealt with delays on active mining permits, and on projects to remediate abandoned mine sites through the AML program.”

Capito noted that despite regular meetings between her staff and FWS staff over the past two years, improvements in communication and timeframes have been minimal. She pointed out that agreements exist between the Field Office and various West Virginia agencies to fund staff positions, but not all these positions have been filled.

“State agencies in West Virginia continue to be bogged down by a back-and-forth with the Field Office on details,” Capito said. She cited concerns that some issues addressed by the Field Office fall outside its jurisdiction or expertise.

Capito also mentioned a notice of intent to sue issued by the West Virginia Coal Association against the FWS for allegedly violating a 2020 Biological Opinion related to surface mining projects. According to Capito, the Field Office is not adhering to coordination deadlines set by this document.

“In May, the West Virginia Coal Association issued a notice of intent to sue the Service for violating the 2020 Biological Opinion for the Office of Surface Mining Reclamation and Enforcement’s Surface Mining Control and Reclamation Projects,” she remarked.

She criticized recent actions by FWS headquarters in Washington D.C., including reinstating regulatory measures that she believes complicate ESA implementation further. Specifically, she referenced changes such as reinstating the ‘blanket 4(d) rule’ and removing language limiting reviews to activities reasonably certain to occur.

“I am a cosponsor of Congressional Review Act resolutions led by Senators Lummis, Ricketts, and Sullivan to overrule these three regulatory actions by the Service,” Capito announced.

In closing, Capito emphasized her desire for solutions to address what she termed "endless paperwork exercises" causing project delays. “I appreciate a lot, the dialogue between your staff and mine over the past couple of years," she concluded before yielding back her time.