New York Steps Up as Federal Endangered Species protections Weaken
A critical federal law safeguarding endangered species habitats is facing potential rollback, but New york State is bolstering its own protections to mitigate the impact on its vulnerable wildlife. A recent Continuing Legal Education course hosted by the New York State Bar association highlighted the potential consequences of proposed changes to the Endangered Species Act (ESA) and the crucial role New York’s Environmental Conservation Law plays in preserving animal habitats.
Speakers Eric Glitzenstein, Director of Litigation, and Tara Zuardo, Senior Advocate, from the Center for Biological Diversity, emphasized the current management’s trend of dismantling environmental regulations. Zuardo stated, “Right now, we’re dealing with a federal administration that is arguably dismantling our environmental protection laws and regulations at a rapid pace…that includes how the federal Endangered Species Act is implemented to protect wildlife.”
The core of the ESA lies in its prohibition of “taking” an endangered or threatened species, a term broadly defined to include any act that “harms” the animal – and critically, any action that degrades its habitat or disrupts essential behaviors like breeding and feeding. The proposed changes from the Trump administration aim to remove the word “harm” from the law, effectively stripping habitat protections. Glitzenstein pointed out the severity of this change, stating, “There is literally no replacement definition.”
This potential shift is already being tested in the courts. A case in Florida, Bear Warriors United Inc v. Alexis Lambert, involved the authorization of sewage hookups that negatively impacted manatee food supplies. The court ruled that Florida had violated the ESA’s “harm” prohibition, but the state argued that this ruling could be overturned with the proposed changes.
However, New York State is taking a proactive stance. Unlike many states, New York has its own extensive Endangered Species regulations, including a process for listing endangered and threatened species and protecting their habitats. The state’s Department of Environmental Conservation also develops a Wildlife Action Plan, updated every decade with public input, to identify and address threats to vulnerable species. Currently, the plan identifies 570 species of greatest conservation need, alongside 270 at-risk plant species.
Zuardo underscored the importance of New York’s independent protections,stating,”I don’t wont to underscore how crucial it is indeed that New York provides its own protections for species that are imperiled within its borders…and that it protects habitats as well. This is more than what most states are doing.” This commitment could prove vital for species facing extinction elsewhere.
A recent example of this commitment is the addition of the Atlantic Coast leopard frog to New York’s endangered species list. Facing habitat loss – with less than 1% of the original freshwater wetlands around New York City remaining – the frog’s survival depends on collaborative agreements between state officials and private landowners. These agreements aim to balance development with the preservation of critical marshland.
The program, sponsored by the New York State Bar Association’s Committee on Animals and the Law, highlights the growing need for state-level action to safeguard biodiversity in the face of weakening federal protections.New York’s proactive approach offers a potential model for other states seeking to protect their unique and vulnerable wildlife.
