H.R.3845 - To amend the Endangered Species Act of 1973 to expand the exemption process under section 7 of that Act with respect to national security and significant adverse national or regional economic impacts. (119th Congress)
Summary
H.R.3845 proposes amendments to Section 7 of the Endangered Species Act (ESA) of 1973. The bill aims to expand the exemption process under the ESA, specifically concerning national security and significant adverse national or regional economic impacts. It allows federal agencies, state governors, or permit/license applicants to apply for exemptions if ESA compliance would impair national security or cause significant economic harm.
Expected Effects
The bill would likely lead to more exemptions from the ESA for projects that are deemed vital for national security or economic reasons. This could result in increased development and economic activity in areas currently protected under the ESA. However, it could also lead to increased risks for endangered species and their habitats.
Potential Benefits
- Streamlines project approvals that are critical for national security.
- Allows for consideration of economic impacts when weighing environmental protection.
- Provides a mechanism to balance conservation with development.
- Could lead to faster economic growth in certain regions.
- Clarifies the exemption process, potentially reducing bureaucratic delays.
Potential Disadvantages
- Could weaken protections for endangered species.
- May lead to habitat loss and reduced biodiversity.
- Could prioritize economic interests over environmental conservation.
- May face legal challenges from environmental groups.
- Could set a precedent for further weakening of environmental regulations.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's alignment with the Constitution is complex. Congress has the power to regulate commerce (Article I, Section 8), which could justify some economic considerations. However, the Fifth Amendment's Takings Clause could be invoked if ESA restrictions are seen as unduly burdening property rights. The balance between these interests is a key constitutional consideration.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).