Context
The 1973 Endangered Species Act (ESA) was intended “to provide a means to conserve the ecosystems upon which listed species depend, to develop a program for the conservation of listed species, and to achieve the purposes of certain treaties and conventions.” It focused on individual species.
In 2016, the Obama administration ruled that critical habitat for an endangered species could include places where it does not currently occur. In other words, “endangered species” includes conservation of places. These can include areas viewed as essential to the recovery of a species. In these areas, permitting for activities would be closely regulated. These activities include “a direct or indirect alteration that appreciably diminishes the value of critical habitat for the conservation of a listed species.”
By expanding the reach of the ESA, the Obama administration angered some interest groups, resulting in a lawsuit filed by a number of states in 2016. With the change in administration, the litigation was put on hold in 2017, and the Trump administration agreed to revisit this rule. The issue could go to the Supreme Court this year or next. We will debate these issues from the perspectives of environmentalists, land owners, and industry. For next time you will gather background research to defend one of three positions.
Issues to consider
When does preservation of a species, depend on preservation of habitat?
When does preservation of habitat impinge on land-owner rights?
When does the broader interest of society at large outweight individual rights to manage habitat as a land-owner sees fit?
Is there a difference between ‘local extinction’ and ‘global extinction’?
Should a critical habitat designation include places where a species does not now occur? Including changes in distribution that could occur with climate change?
Groups will have different interests
environmentalists
property-rights advocates (land-owners)
private industry
Assignment for each group, prepare today in class
Prepare a one-page outline of research for your interest group, including a bird example, where there is evidence that habitat preservation could be critical for its survival, or not. Your example species does not need to be on the endangered species list, but the circumstances should be relevant to the case. You might consult this database on endangered species.
Prepare a three-minute position statement.
Prepare to defend your position based on questions from the other group(s).
Post a one-page outline and position statement and references.
Example references
Your research from today’s discussion
Additional research to develop your group’s position:
Endangered Species Act (1973)
USFWS Endangered Species List (current)
Listing Endangered and Threatened Species and Designating Critical Habitat; Implementing Changes to the Regulations for Designating Critical Habitat. The 2016 amendment to the ESA.
States drop suit as Trump admin reopens habitat rules (2018)
Federal Register: Endangered and Threatened Wildlife and Plants; Regulations for Listing Endangered and Threatened Species and Designating Critical Habitat This is the ‘final rule’ (2020)
For today
Break-out with Maggie and Jim to discuss opening statements to be finalized for next time. Time can allow for additional research.
Format for the debate next time
Opening statements
Members of other groups respond with questions after each statement. Groups designate a recorder of questions for preparation of rebuttals.
Rebuttals
We adjourn to breakout to prepare rebuttals for each question. The recorder will take notes needed for the rebuttal statement.
Presentation of rebuttals
Different members of the group may respond to each question.
More questions in plenary
Follow-up questions follow rebuttals.
Plenary session to decide case by discussion and vote
Grading
Determined by participation in all aspects of the debate, including questions.
For next class
Turn in your rebuttal statements.