10/13/2026
Gutting the Endangered Species Act for permitting reform? Not on our watch ‼️
At the end of September, Senators Heinrich, Whitehouse, Capito, and Lee filed the Bipartisan American Affordability and Jobs Act. Within the 417-page bill are concerning provisions that could drastically weaken the Endangered Species Act, coming at a time when the landmark law’s language and implementation are under threat. To name a few, the bill:
🐢 Changes the definition of “best available science,” a bedrock principle under the ESA that informs how species are listed. The proposed change would limit agencies’ ability to account for uncertainty and reasonably foreseeable risks to species when making listing decisions.
🐢 Creates a program that could allow individual states to take over Section 7 consultations – a role currently held by the federal government. Due to the highly migratory nature of many listed species, including sea turtles, a coordinated approach to protection across the entire U.S. is necessary. Most states do not have the resources, expertise or institutional structure to manage the protection of 1,600 species.
🐢 Directs every biological opinion challenge to the D.C. Circuit and imposes a 150-day deadline to bring these challenges in court. This would severely limit the public’s access to local courts and overwhelm the D.C. Circuit.
This bill is expected to be up for a vote in November. We need your help to tell Congress to keep the ESA out of this bill. Call the Capitol switchboard number at (202) 224-3121 to stand up for threatened and endangered species.