Endangered species
ESA Fails People & Wildlife
Thrown to the Wolves
Watch the compelling story of the Colorado landowners whose livelihoods are being destroyed by the Apex predator – the grey wolf. Learn how the Endangered Species Act (ESA) has become weaponized against the very landowners that steward the habitat these species need to survive.
Small Landowner’s ESA Protection Package
Seven provisions would reduce the burden of the Endangered Species Act on small landowners and protect middle-class America from unwarranted listings and restrictions.
Currently, the ESA gives too much deference to the agencies when Congressional clarity is needed. Congress should define the terms, not courts and agencies.
Species that do not warrant protection should not be added to the list. But today, small landowners bear the cost of these mistakes while the agencies escape accountability.
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7 Essential Provisions Needed
Remove “distinct population segments” (DPS) from the “species” definition, taking away the agency’s power to list small populations that will never reach political recovery goals.
Clarify what a “species ” is, preventing the creation of subspecies to justify listing portions of a population.
Remove “throughout all or a significant portion of its range” from the definition of an endangered and threatened species to clarify that to be listed, the entire species must be threatened with extinction, not just declining in some locations.
Clarify the scope of “critical habitat” so that millions of acres are not encumbered when a small area will ensure the species survivability. It also limits habitat designations on State & private lands.
Require Congressional review of critical habitat designations over 50,000 acres.
Define key terms, limiting actions that trigger agency consultations, therefore reducing ESA regulatory events on landowners.
Automatically delist species after 10 years unless USFWS issues new rule establishing it warrants further protection. Rescinds 5-year status review.
Send to your Congressman and Senator
Environmentalists Greatest Weapon
The Endangered Species Act’s purpose is to recover species in danger of extinction. However, the law has been used as a powerful regulatory weapon against landowners. The very people providing habitat for potentially imperiled species are those penalized by the Federal law. Once a species is listed as threatened or endangered, the U.S. Fish and Wildlife Service uses their regulatory power to impose strict restrictions on land use – driving landowners and entire industries out of business.
The ESA Does Not Work
The Endangered Species Act was enacted in 1973. After 50 years of enormous Federal and private expense, there are only 62 officially recovered species out of the 1667 listed. That is an abominable record. But it gets worse. Thirty-six of those claimed recoveries are not the result of the agency’s conservation efforts. They were erroneously listed to begin with – meaning it was later determined the data relied upon by the Service was in error.
Mitigation or Coercion?
Once a species is added to the list, it remains there indefinitely even though it may be abundant or listed in error. This gives the federal government enormous regulatory power over land and industries as harming a species can result in significant fines and even criminal penalties against the landowner.
The species listing is used as a way to extract “mitigation” from those needing to use their land. The agency may require the user to offset the harm by acquiring habitat elsewhere and turning it over to the Service. Or it may prevent the landowner from using the land during specific times of the year. These actions lead to less productive uses of the land causing economic harm to the landowner and local economy.
Delisting Species
It is often only when outside parties require the agency to reconsider the listing that these species are removed from the list and restrictions lifted. This is done primarily by filing formal delisting petitions and pursuing the action in court if necessary. American Stewards has filed several delisting petitions to compel the agency to remove those species that do not warrant protection.
Although the Act has been a dismal failure for people and wildlife, the environmental community protects the law and resists all efforts to eliminate its punitive provisions.
Delisting Projects
American Burying Beetle
This species was listed in error. In 2020, the Service finalized its rule to down-list the species from endangered to threatened.
bone cave harvestman
Landowners and local governments faced serious economic problems due to the Service’s erroneous listing of this species.
navasota ladies’-tresses
So much more information has become available since it was listed in 1982 demonstrating the species is not at risk of extinction.
yellow-billed cuckoo
The Obama administrations’ analysis of the genetic and habitat data was believed to be in error at the time of listing in 2014.
Hualapai Mexican Vole
The first ESA-listed domestic species to be delisted by the U.S. Fish and Wildlife Service during the Trump Administration.
ESA in the News
Senate Looks to Fix Outdated ESA
Last month, the U.S. Senate Environment and Public Works Subcommittee on Fisheries, Water, and Wildlife, chaired by Sen. Pete Ricketts (R-NE), held a hearing on the Endangered...
ASL Signs Coalition Letter to Pass ESA Amendments Act of 2025
Last week, American Stewards and 19 other national organizations, joined in a letter of support with Pacific Legal Foundation, supporting Chairman Bruce Westerman’s H.R. 1897 ESA...
Automatic Delisting of Endangered Species
American Stewards of Liberty (ASL) is calling on Congress to include a provision in the upcoming budget reconciliation package that would require endangered species listings to...
Subscribe to our bi-weekly online analysis about the issues affecting your property rights.
Receive our quarterly journal that provides our insights into current and emerging property rights issues.
Free with membership.
Get our action alerts so your voice will make an impact. (If you are a Member or Subscriber you are already signed up)
Issue Guides
Find the ASL issue guides here to help you with the background, talking points, and all the tools to educate your community. And it's free!
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