'That's A Politician Masquerading As A Scientist': Tom McClintock Slams Lack Of Transparency In ESA

5 months ago

During a House Natural Resources Committee hearing before the Congressional recess, Rep. Tom McClintock (R-CA) spoke about lack of transparency in the Endangered Species Act.

Transcript

00:00I now recognize Congressman McClintock for five minutes.

00:03Thank you, Madam Chairman.

00:05H.R. 180 is the result of a multi-year effort dating back to the work of Doc Hastings and Rob Bishop,

00:12the distinguished chairman of the Natural Resources Committee for many years.

00:16It stems from the frustration so often expressed by affected state and local governments and private citizens

00:22over the science behind ESA listings, that important scientific data is either ignored or obscured.

00:31There should be nothing secret about science.

00:34Science must stand the rigors of the scientific process, which is founded on inquiry, challenge, and replication.

00:42The harsh glare of conflict is essential to scientific inquiry, and that, in turn, requires absolute transparency.

00:50All of the data that goes into a scientific finding must be available to all of science

00:55to assure it commands consensus and can withstand any challenge.

01:00That's what gives it credibility.

01:02For years, however, findings that have led to ESA listings have often been shrouded in secrecy.

01:08That prevents them from challenge and testing, undermining their credibility,

01:12and potentially misleading policy in matters that can cost not only the livelihoods of thousands of people,

01:18but the authority and respectability of the law itself.

01:22The solution should be self-evident.

01:24Require the U.S. Fish and Wildlife Service and the National Marine Fisheries Service to post on the Internet

01:30the best available commercial and scientific data that they use to support their ESA listing proposals

01:37and to consider data submitted by state, local, and tribal governments.

01:42There are a total of about 2,300 ESA listings, many with profound implications to the economy.

01:50In eight years, the Obama administration alone added 395 new listings,

01:55yet the government often refuses to make public the actual science and data they cite to support key ESA findings,

02:03even data sponsored directly or indirectly through federal taxpayer dollars.

02:07A few years ago, it was noted that less than 2% of listed species have recovered,

02:13and most of those not because of protections afforded by the ESA,

02:17but because the original science that went into their listings was simply wrong.

02:22A committee report from 2018 cited myriad complaints by state officials and notes, quote,

02:27Although listings are readily available to the public, the scientific and commercial data used in making such decisions

02:34is generally unavailable.

02:37Testimony from local entities has raised concerns regarding unavailability of reports used to make controversial listing decisions, end quote.

02:44It went on to note, quote,

02:46Local governments, particularly those in areas with significant portion of federally owned lands,

02:52have expressed concerns that federal ESA implementing agencies often ignore locally generated science.

02:58In more than one case, a court order has been required to obtain listing data from federal officials,

03:04even though the data was obtained through taxpayer-funded studies.

03:08Making that data fully available to the public enlists far-reaching expertise to evaluate and critique the decisions based on that data.

03:17Time and again, statisticians, engineers, and scientists, sometimes professionals, sometimes amateur,

03:23have revealed major flaws in the data and analysis of major findings with overwhelming bearing on public policy.

03:31As Patrick Henry famously noted,

03:32I'm willing to know the truth, the whole truth, to know the worst and to provide for it.

03:38The American people should be able to access data that the federal government uses to support significant ESA decisions.

03:44They should be able to confirm that these decisions are based on the best available scientific and commercial data,

03:50not merely citations to unattainable, unpublished studies or bureaucrats' professional opinions.

03:58The legislation also conforms ESA litigation to the Equal Access to Justice Act that limits plaintiffs' fees to $125 per hour

04:06unless a judge determines special factors to justify a higher amount.

04:11This is aimed at some outrageous claims, exceeding $750 an hour in settlements.

04:17At least two attorneys racked up $2 million in fees by suing the government in this manner.

04:23True science welcomes challenge and debate,

04:27and it demands that data be true, accurate, and replicable.

04:32When someone hides behind data,

04:35when someone hides data behind a cloak of secrecy

04:39and claims that they're exclusive and inscrutable domain,

04:44that's not a scientist.

04:45That's a politician masquerading as a scientist.

04:49Maybe one or two even here today.

04:51Making data available and accessible to everyone through the Internet

04:56will instill accountability,

04:58allow transparent review of data and science,

05:00justifying important policy considerations,

05:03and help ensure that the ESA reflects 21st century technological and scientific advances for species recovery.

05:11With that, I yield back.

05:12I yield back.

'That's A Politician Masquerading As A Scientist': Tom McClintock Slams Lack Of Transparency In ESA

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