Although the E.S.A. became law with bipartisan support, Republicans have long said that it unreasonably hampers economic growth. Many favor instating policies that allow for more development.
“You cannot be shortsighted and say at all cost, we must save this species,” U.S. Representative Bruce Westerman, a Republican from Arkansas, told PBS. “We don’t want to see anything go extinct. But we’ve also got to use a bit of rationale and reason.”
Critics of the E.S.A. say the law isn’t reasonable, as species are rarely taken off the list. Since the law was enacted, more than 1,650 species have been listed as threatened or endangered (see “Still Struggling," below), while 54 have been delisted because their populations rebounded, according to the Fish and Wildlife Service.
But proponents say it’ll take more than a few decades to repair the damage. Fischman, the environmental law professor, uses the example of freshwater mussels in the Ohio and Tennessee river systems.
“Those mussels have been losing habitat ever since we took the plow to the soil, so it’s been 200 years of incremental eating away at the habitat,” he says. “It’s just unrealistic to think that a species whose habitat is a fraction of what it once was—and that has been suffering population declines for over a century—is going to bounce back quickly.”