Chicago – Attorney General Kwame Raoul, as part of a coalition of 16 attorneys general, sent a comment letter to the Trump administration opposing a proposed rule by the United States Fish and Wildlife Service and the National Marine Fisheries Service to rescind the regulatory definitions of “harm” under the federal Endangered Species Act (ESA). This change, if finalized, would significantly weaken the law’s ability to protect imperiled wildlife, especially from threats to the habitat upon which these species depend for their survival and recovery. This would include destroying breeding and feeding grounds, polluting or draining critical water sources, or degrading habitats, even if those actions lead to the death or injury of protected ESA-listed species.
“For more than 50 years, the federal Endangered Species Act has achieved recovery success stories for imperiled species and helped to preserve our nation’s priceless natural heritage,” Raoul said. “I joined my fellow attorneys general in urging this administration not to weaken these important protections.”
The ESA has been recognized as “the most comprehensive legislation for the preservation of endangered species ever enacted by any nation.” Enacted by Congress in 1973 with bipartisan support, the ESA provides a national program for the protection and recovery of endangered and threatened species and their habitats. Since then, the ESA has helped bring back several species from near-extinction, including the bald eagle, which is the national bird.
In their letter, addressed to the secretaries of the U.S. Department of the Interior and the U.S. Department of Commerce, Raoul and the attorneys general argue that the proposed rule, if finalized, will significantly reduce protections for vulnerable species and make it much harder to save such species from extinction, which is contrary to the plain language and purposes of the ESA, as well as longstanding U.S. Supreme Court precedent and other case law upholding the existing definitions. Not only is this proposed rule in violation of the ESA, but it also violates the Administrative Procedure Act and the National Environmental Policy Act.
The letter is part of Raoul’s continued efforts to protect endangered species and the environment. Most recently, Raoul joined a coalition in sending a letter to congressional leaders urging them not to repeal key provisions of the ESA.
Attorney General Raoul was joined in sending the letter to the administration by the attorneys general of Arizona, California, Connecticut, Colorado, Maryland, Massachusetts, Maine, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Washington.
