'Classic Moving The Goalposts': Westerman & Hageman Spar With Huffman Over Environmental Reg

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During a House Natural Resources Committee hearing prior to the congressional recess, Rep. Jared Huffman (D-CA) debated Rep. Bruce Westerman (R-AR) and Rep. Harriet Hageman (R-WY) over a bill to remove the grizzly bear from the endanger species list within the Yellowstone ecosystem.

Transcript

00:00The discussion on the amendment is now in order to consider amendments to the ANS to HR 281.

00:05I recognize Ranking Member Huffman for the purpose of offering an amendment designated

00:09Huffman number one. Without objection, the amendment is considered red.

00:12Thank you, Mr. Chairman. I'm pinch hitting for Ranking Member Hoyle, who was going to present

00:18this, but our colleagues across the aisle talk about best available data following the science,

00:25but this bill actually ignores the last eight years of best available science. The 2017 rule

00:32relied on outdated characterizations of distinct population segments, and a federal judge in

00:38Montana, not because of some whim, not because of caprice, but a federal judge in Montana followed

00:46the law and ruled the delisting rule illegal in 2018, citing the Fish and Wildlife Service's

00:53failure to consider long-term genetic effects on other populations, and concerns that the

00:59decision was driven by political pressure, which it was, instead of the best available science.

01:06So since then, the Fish and Wildlife Service has worked to update its analysis to incorporate

01:11the genetic connectivity of these grizzly bear populations and ensure the grizzlies' recovery

01:16across its range. The service published an updated species status assessment in October of last year,

01:25rejected petitions to delist the grizzly bear, and proposed an amended 4-D rule to better address

01:31human grizzly conflicts within the bear's range, which we all support. Here's the kicker. The updated

01:38species status assessment clearly shows the greater Yellowstone ecosystem, DPS, which the bill attempts to

01:45delist is no longer considered a distinct population segment of the grizzly bear in the lower 48. Instead,

01:52the assessment identifies one DPS encompassing the core grizzly ecosystems throughout Washington,

01:59Idaho, Montana, and Wyoming. So to follow the science, we can't go and arbitrarily delist one small part

02:08of the larger grizzly bear population without a thorough review of what that means for the recovery of the

02:14grizzly bear throughout its range. And my amendment simply tries to align this bill with the science,

02:21make sure that the service continues to follow the science and considers the updated science

02:26status assessment in any change to the grizzly bear's status. I urge adoption and yield back.

02:33Chairman Eilman Yields Back, is there further discussion on the amendment? Ms. Hagerman, you're recognized.

02:37Thank you, Mr. Chairman. This amendment would make the reissuance of the rule contingent

02:42on DOI considering any updates to the species status since July 1, 2017, including the new

02:49characterization of a distinct population segment and geographic range and state-level regulatory

02:55mechanisms that will affect the continued recovery of the grizzly bear in the greater Yellowstone

03:00ecosystem. Mr. Chairman, I am opposed to this amendment for many reasons, including the fact that,

03:05as the science and data have routinely proven, the greater Yellowstone ecosystem grizzly bear population

03:11is more than double the recovery goals, and it should be delisted. Activist judges, however,

03:18have blocked our efforts to do so, and as a result, it is time for Congress to act to carry out the

03:23intent of the Endangered Species Act. I believe that the ranking members amendment is making a veiled

03:29reference to the proposed rule issued in the final days of the Biden administration. That proposed rule

03:36would have merged the greater Yellowstone ecosystem bear into a single DPS with other populations in

03:42other states, thereby punishing Wyoming for its recovery successes and tying recovery not to the

03:47law or science, but to other species in geographic areas. This rule violates the ESA, the grizzly recovery

03:54plan, and the rights of Wyoming citizens. This underhanded attempt to move the goalposts another several

04:00hundred yards down the field in relation to the GYE delisting is the exact reason why this legislation

04:08is so important and why this amendment is entirely unsuited for the bill. It would exacerbate the 97%

04:15failure rate of the ESA and encourage more bad federal policy not rooted in science. I urge all my

04:21colleagues to oppose this amendment, and I yield back. The gentlelady yields back, and for clarity, Mr.

04:27Huffman, I think you stated this was oil number two, but it is actually Huffman number one.

04:33Okay. All right. All right. You want me to start over? No, no. Just wanted to make sure everybody

04:38knew we were on Huffman number one. Any further discussion on the amendment?

04:45So I recognize myself. I oppose this amendment. This is classic moving the goalpost. When the species

04:53recovery plan was set up, there were different ecosystems that were established, and now that

05:01the grizzly bear has met all the recovery goals in the greater Yellowstone ecosystem, we find that

05:10people want to blend all the ecosystems together and to make it one large ecosystem. How will we ever

05:17accomplish the goals if we move the goalpost in the middle of the game? This amendment is just an attempt

05:26to keep this drama playing out in years to come, and I say it's time to end the drama and to delist the

05:34grizzly bear. I oppose the amendment and I yield back. Is there further discussion on the amendment?

05:38If there's no further discussion on the amendment, the question is on the amendment offered by ranking

05:48member Huffman designated Huffman number one. All those in favor signify by saying aye. Aye. All those

05:53opposed, no. No. The opinion of the chair, the no's have it. Recorded vote. A recorded vote has been

05:59requested. Further proceedings on this amendment will be postponed.

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