PERC and the Rocky Mountain Elk Foundation (RMEF) have filed a lawsuit against the U.S. Fish and Wildlife Service to challenge its reinstatement of the “blanket 4(d) rule.” This rule, which automatically applies the same strict regulations designed for endangered species to all threatened species, ignores science and undermines habitat restoration and species conservation.
The Endangered Species Act (ESA) was originally designed to incentivize species recovery by distinguishing between how endangered and threatened species are regulated and managed. If a species’ status improved from endangered to threatened, specific regulations related to the species would be lessened, thereby incentivizing states and landowners to continue their recovery efforts. Ultimately, the law as it was originally written understood that species recovery can be incentivized by rewarding successful recovery efforts with a reduction in regulations.
Unfortunately, this commonsense approach has been ignored in recent years with the agency choosing instead to adopt the “blanket rule” which regulates both endangered and threatened species the same, thereby removing any mechanism to incentivize states and landowners to assist in recovery efforts. Under the ESA, the agency is supposed to design science-based regulations tailored to the needs of each species listed. Instead, the government cited “administrative convenience” to bypass this process, ignoring science and species-specific considerations.
This one-size-fits-all-approach discourages states, landowners, and conservation groups from engaging in critical recovery efforts, ultimately harming the very species the ESA is meant to protect.
PERC and RMEF are fighting to restore a science-based, incentive-driven approach to species conservation. Our lawsuit seeks to overturn the blanket rule and ensure that the ESA remains a tool for species recovery rather than a bureaucratic barrier to conservation efforts.
Stay tuned for updates as we take this important case to court.
For more information, read the lawsuit or explore our news release.
