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Endangered Species Rule an Improvement for Landowners
 The final rule published last week by the U.S. Department of the Interior is an improvement to the consultation procedures that must be followed under the Endangered Species Act, according to members of the NAHB Environmental Concerns Committee.
The new rule helps to streamline the processes for private property owners assessing how their development might affect endangered species and critical habitat; the landowners are now only responsible for effects that are under their control, and not impacts caused by the actions of others.
“The rule strengthens the regulations so the government can focus on protecting endangered species as it strives to rebuild the American economy,” said Secretary of the Interior Dirk Kempthorne in announcing the rule.
The rule clarifies requirements on when federal agencies must consult with the U.S. Fish and Wildlife Service or the National Marine Fisheries Service before issuing land use decisions. For instance, it clarifies the circumstances under which it must make a consultation when issuing a permit to a developer beginning a construction project in a wetland.
While some environmental groups have charged that limiting the role of the agencies takes away needed protections, a report from the Government Accountability Office notes that the agencies have not been effective in their consultations. For example, the report notes that the Fish and Wildlife Service has missed 40% of its own consultation deadlines, delaying construction projects by up to two years.
Also, by making landowners only responsible for effects on endangered species that are within their control, the rule helps to clarify the role of the Endangered Species Act regarding climate change, affirming NAHB’s position that the law is inappropriate for regulating greenhouse gas emissions and similar issues.
"The revised rule provides a positive, much-needed balance between the protection of endangered plants and animals and our nation's continued need for affordable housing," said NAHB Chairman Sandy Dunn.
"Streamlining the consultation process, especially for routine development activities on smaller parcels of land where delays often stretch from months to years, will improve conservation efforts for all species,” she said.
For more information, e-mail Calli Schmidt at NAHB, or call her at 800-368-5242 x8132.
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