Attorney General Charity Clark has joined a coalition of 16 attorneys general to oppose a proposed rule by the United States Fish and Wildlife Service and the National Marine Fisheries Service. The proposal seeks to rescind the regulatory definitions of "harm" under the federal Endangered Species Act (ESA), which could weaken protections for endangered wildlife, particularly in terms of their habitats.
The ESA, enacted in 1973 with bipartisan support, is described as “the most comprehensive legislation for the preservation of endangered species ever enacted by any nation.” It aims to protect and recover endangered and threatened species along with their habitats. Over the years, it has been instrumental in saving species such as the bald eagle from near-extinction.
In their letter, Attorney General Clark and her colleagues argue that the proposed changes would undermine efforts to save vulnerable species from extinction. They assert that this move contradicts both the ESA's language and purpose, as well as established Supreme Court precedent. Additionally, they claim that it violates other laws like the Administrative Procedure Act and the National Environmental Policy Act.
Attorneys general from Arizona, California, Connecticut, Colorado, Illinois, Maryland, Massachusetts, Maine, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, and Washington have also signed onto this opposition letter.
A copy of the comment letter is available for public viewing.