U.S. Chamber Welcomes Clarification of Endangered Species Act by Interior Department

Move Will Aid U.S. Infrastructure Development

WASHINGTON, DC—The U.S. Chamber of Commerce's Vice President for Environment, Technology & Regulatory Affairs William L. Kovacs issued the following statement today, following the Department of Interior Secretary Dirk Kempthorne's clarification of the Endangered Species Act (ESA), a move that will help many infrastructure projects move forward, stimulate the economy and create jobs:

"The Chamber welcomes the Secretary's common sense approach to the ESA, which will ensure that many infrastructure projects move forward. Today's final regulation clarifies the ESA to allow infrastructure projects that won't adversely impact species to occur without prolonged interagency consultations and unnecessary delays. These consultations—under Section 7 of the Act—will now only be required when effects to listed species are likely to occur, and not when effects are unlikely to occur.

"Without today's final regulations, Section 7 consultations could theoretically have been required for every proposed federal activity, even where potential impacts to species are highly unlikely, resulting in massive undue delay for all federal projects and programs.

"Today's rule also ensures that the ESA is not used for backdoor regulation of greenhouse gases. It protects against a limitless number of unnecessary Section 7 consultations to determine, for instance, if a bridge project in Florida impacts a polar bear. Today's regulations build on lessons learned by the department in the past, and inject some common sense back into the ESA process."

The U.S. Chamber is the world's largest business federation, representing more than 3 million businesses and organizations of every size, sector, and region.

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