“21st Century Endangered Species Transparency Act” Introduced in House

Nossaman LLP
Contact

On March 26, 2015, House of Representatives Republican Cynthia Lummis (R-WY) introduced a bill (H.R. 1667) to amend Section 4(b) of the Endangered Species Act (ESA) to require the Secretary of Interior to “make publicly available on the Internet the best scientific and commercial data available that are the basis for reach regulation, including each proposed regulation” for listing decisions regarding endangered or threatened status for wildlife and plant species.  H.R. 1667 does not require the Secretary of the Interior to post information that is prohibited from disclosure under state law for the protection of personal information.

H.R. 1667 is identical to Senate Bill 292, introduced by Senator John Cornyn (R-TX) earlier this year.  Although H.R. 1667 has been criticized by some as aimed at hindering the federal resource agencies from implementing the ESA, the proposed amendment would increase transparency in agency rulemaking.  Existing law does not require studies and other data that are the basis for proposed listing decisions to be made publicly available when a regulation is proposed.  The resource agencies are also not required to post a reference list together with the proposed regulation in the Federal Register, or to provide complete citations to studies referenced in proposed regulations.  As a result, interested parties are frequently unable to obtain key documentation until after the opportunity to comment on a proposed regulation has already passed.  H.R. 1667 would help the public gain timely access to this information.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Nossaman LLP | Attorney Advertising

Written by:

Nossaman LLP
Contact
more
less

Nossaman LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide