Newhouse introduces legislation to strengthen Endangered Species Act

U.S. Rep. Dan Newhouse (R-WA) on Jan. 13 offered legislation that would modernize the Endangered Species Act of 1973 so that it also considers “the totality of conservation measures in determining the impact of proposed federal agency action,” according to the text of the bill. 

“As we know all-too-well in central Washington, Endangered Species Act listing and delisting decisions have huge, lasting impacts on local communities and environments,” Rep. Newhouse said on Monday. “By establishing a process that considers the totality of conservation efforts, we incentivize private investment in species recovery, streamline federal decision-making, and promote the comprehensive efforts of states, local communities, and tribes across the West.” 

Rep. Newhouse sponsored the Weigh Habitats Offsetting Locational Effects (WHOLE) Act of 2020, H.R. 5588, with nine Republican cosponsors to amend current law, which stipulates that only conservation efforts taking place within the critical habitats of endangered or threatened species are considered during environmental review or impact studies of federal actions, according to a summary provided by Rep. Newhouse’s office. 

If enacted, the bill would add to the existing law a provision that states: “In determining whether a Federal agency action is likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of the critical habitat of a species, the Secretary shall consider the offsetting effects of all avoidance, minimization, and other species-protection or conservation measures that are already in place or proposed to be implemented as part of the action, including the development, improvement, protection, or management of species habitat whether or not it is designated as critical habitat of such species.”

H.R. 5588 is part of an ongoing legislative package supported by the Congressional Western Caucus to reform the Endangered Species Act and includes 18 bills introduced by members from across the rural West and beyond.

The legislation has drawn support from the U.S. Chamber of Commerce, National Association of Counties, National Mining Association and the Family Farm Alliance, among others.