Is the Endangered Species Act in Danger?
An environmental battle royal before the high court
Desiderio says that by denying the permits based on the Endangered Species Act, any federal law could be revoked on the same grounds, even something as unrelated as Medicaid payments. Environmentalists, of course, dismiss the notion. But they do point to the Endangered Species Act's broad sweep, which directs any federal agency to ensure that its actions are not likely to jeopardize listed species. They point to a landmark Supreme Court decision that upheld the act almost 30 years ago.
"The administration has been looking for any excuse to limit the protections" of the Endangered Species Act, says Andrew Wetzler of the Natural Resources Defense Council. He points to recently revealed documents from the Department of Interior that propose administrative changes to the act that would bypass Congress. "Nonsense," says an Interior spokesman, who dismissed the documents as dated attempts at brainstorming.
Whether or not the Supreme Court will have the final word on the Endangered Species Act remains to be seen. The government is pursuing a grand overhaul, but Defenders of Wildlife will argue it's improper for the EPA to change positions during litigation and that it only wants the case sent back to EPA to be readdressed. With Chief Justice John Roberts presiding, a narrow reading of the technical aspects of the case is possible, experts say. Which means the fight over the act could go on for a while yet.
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