Attacks on the Endangered Species Act put US wildlife at risk

The ESA has long served as a vital safety net for America's imperiled wildlife, earning widespread public support over decades. Yet these changes are advancing at a time when many of the country's most vulnerable species already face mounting threats from habitat loss, climate change, and other human activities. 

Since its passage in 1973, the ESA has helped prevent the extinction of an estimated 99% of listed species and supported the recovery of wildlife including the bald eagle and American alligator. Its success demonstrates what strong, science-based protections can achieve when government agencies, conservation organizations, and communities work together. 

Changes to the ESA could weaken habitat protections 

Proposed legislation could undermine science-based conservation 

Additionally, in the very halls of Congress where the ESA was passed more than a half century ago, legislators have introduced a broad bill—the Bipartisan American Affordability and Jobs Act (BAAJA), S. 5653—that would further weaken the ESA.  

S. 5653 would revise the ESA’s definition of “best available science” and could require scientific evidence to clear a significantly higher bar before it can be used in conservation decision-making. Endangered species are, by definition, scarce, and population data can be limited, so scientists and decisionmakers have often erred on the side of caution when proposing protections. 

For species with small or difficult-to-monitor populations, complete scientific information is not always available. Requiring definitive proof before protections can be applied could leave species exposed to threats while researchers work to gather more evidence. 

This would undermine one of the ESA’s central principles, which is to protect species before it is too late. 

Federal oversight and public participation are also at risk 

The BAAJA also proposes to charge states with ensuring that federal agency actions do not harm ESA-listed animals and plants. In contrast, the ESA currently requires that these consultations be conducted by expert federal agencies. Giving consultation responsibility to the states would be disastrous for protected species, as most states lack expertise and resources, and some actively oppose many ESA protections. Additionally, this approach fails to address the jurisdictional and geographic realities of migratory species.  

Consider an endangered whale whose feeding or breeding habitat overlaps with a proposed development project. Federal consultation can help identify risks from vessel traffic, underwater noise, or habitat disturbance before work begins. Weakening that review process could mean fewer opportunities to prevent harm, particularly for species whose populations are already critically small. 

Among other issues, the BAAJA could impact imperiled species by expediting projects without sufficient consideration of their potential effects on wildlife and habitats. The BAAJA could also reduce opportunities for public input and change how some ESA litigation is handled, making it more difficult for members of the public and conservation organizations to challenge decisions that put endangered species at risk. 

Speak up for America’s endangered wildlife 

During its first 50 years, the ESA helped prevent the extinction of an estimated 99% of listed species, thanks to the collaborative actions of federal agencies, conservation organizations, and private citizens. The ESA works and, in addition to enjoying significant support from the American public, it establishes as national policy our shared commitment to protecting America’s cherished wildlife. 

The US Senate is expected to consider S. 5653 beginning November 9. If passed, the bill could weaken protections for endangered species and critical habitat. If you support science-based conservation, now is the time to contact your Senators and urge them to oppose the legislation. 

Contact your Senators and ask them to reject further attacks on the ESA—to identify your Senator, visit Senate.gov to find their phone number or call the Capitol switchboard at (202) 224-3121 to be connected to their office directly. Use the script below to ask them to protect our endangered species: 

        “Hello, my name is [NAME] and I am a constituent from [CITY, STATE]. I am contacting your office to ask [SENATOR NAME] to oppose the Bipartisan American Affordability and Jobs Act (S. 5653) because, in its current form, this bill would amend and undermine the Endangered Species Act. This bill redefines “best available science” interferes with federal agencies’ role in implementing the law, and otherwise, put imperiled animals at greater risk. 

        As a voter, I am concerned about any effort to weaken the Endangered Species Act, which has successfully prevented the extinction of over 99% of listed species. [OPTIONAL: ADD ANY OTHER RELEVANT EVIDENCE or PERSONAL STORIES] Please oppose S. 5653 and help safeguard the Endangered Species Act.  

        Thank you for your time and consideration.”