'Judges Rule Against Donald Trump And They Are Deemed Activists': Huffman Calls Out GOP

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During a House Agriculture Committee hearing in July, Rep. Jared Huffman (D-CA) spoke about Republicans who refer to judges who rule against the President as "activist" judges.

Transcript

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

00:07amendment designated Dingle number three. Without objection, the amendment is considered red.

00:11Thank you, Mr. Chairman. I'm going to get it right this time. I am pinch hitting

00:15for Ms. Dingle on this particular amendment. The bill legislatively would delist the greater

00:22Yellowstone ecosystem DPS grizzly bear from the ESA and then block judicial review of the delisting.

00:31Now we may hear, we have heard, that we need to block litigious groups or so-called radical

00:39environmentalists from suing on this delisting. And again, I'm amused at the adjectives that get

00:44thrown around in here. Judges rule against Donald Trump and they are deemed activist judges.

00:49Environmental groups, I guess just for breathing the air, are automatically called radical

00:54environmentalists. I don't think I've ever heard a reference across the aisle to just environmental

00:58groups. There's something inherently radical about being an environmental group. But that's just an

01:04observation that I wanted to make as we make our way through this hearing. So yeah, there's the

01:13narrative that we have to stop these radical environmentalists from suing on this delisting.

01:18But scientists, tribes and industries also use the courts to hold the service accountable for

01:25doing their job on listing and delisting. It's not always radical environmentalists who are

01:31having access to justice and using judicial review. For example, when the Trump administration delisted

01:38the grizzly bear in 2017, tribes, scientists and environmental groups sued.

01:45They argued that factors such as low genetic diversity, growing human population in the area,

01:51warranted continued ESA protections for grizzly bears. And they also claimed that the Fish and Wildlife

01:57Service did not honor commitments to involve tribes in the delisting process of the grizzly bear. So access

02:03to courts for tribes and a whole bunch of other stakeholders actually helps ensure that the Fish and Wildlife

02:10Service does its job under the ESA and other laws like the Administrative Procedures Act barring judicial

02:17review is what's truly radical. Preventing access to the courts to question and challenge these decisions

02:26eliminates the checks and balances that the courts provide to ensure decisions are based on defensible

02:32science and are not arbitrary and capricious. This amendment simply brings back a little bit of common

02:38sense to this misguided attempt to delist the grizzly bear by an act of Congress. I urge my colleagues

02:44to vote yes and yield back. The gentleman yields back. Is there further discussion on the amendment?

02:49Ms. Hagerman, you're recognized. This particular amendment would strike section 2b, which prohibits

02:57judicial review of the rule. Mr. Chairman, I oppose this amendment. The point of this bill is to carry out

03:03the purpose and intent of the Endangered Species Act and ensure that the science controls listing

03:08and delisting decisions. The greater Yellowstone ecosystem grizzly bear has long surpassed its

03:13recovery goals and all five standards under the Endangered Species Act have been met.

03:20Until the bear is returned to state control where it belongs, lawsuits and ever-shifting recovery

03:24standards will stand in the way. Activist judges have stood in the way of delisting for far too long.

03:30It is time to implement the ESA as intended and delist the greater Yellowstone ecosystem grizzly

03:36population. Section 2b is essential to recognize this need and is also drafted in line with

03:42congressional precedent from delisting of wolves in Idaho and Montana. And it is important to note that

03:47despite the fact that that delisting occurred well over a decade ago, and yet the gray wolves in

03:53Montana and Idaho are thriving, far exceeding recovery goals by an order of magnitude of five times what

04:01the recovery goals were. So it is objectively demonstrable that we can show when states take over

04:10management of these species, they are able to manage them and manage and protect a recovered population.

04:17This amendment is also a gift to the radical environmental lobby and yet another tactic and

04:22would only exacerbate the 97 percent failure rate of the Endangered Species Act. I urge my colleagues to

04:29oppose this amendment and I yield back. The lady yields back. Is there further discussion on the amendment?

04:35I recognize myself. Also oppose this amendment. As we know that grizzly bears and the greater Yellowstone

04:42ecosystem, again, are recovered and should be delisted. States are ready and well equipped to manage grizzly

04:49bears above recovery goals while effectively mitigating conflicts between the species, humans, pets, and

04:57livestock. Again, we're in this situation because of judicial review because two times previously, fish and

05:07wildlife has said the species should be delisted. If you think this is unprecedented, just think about

05:14the precedent set by Congress when it delisted the northern Rocky Mountains population segment of gray wolves

05:21in 2011 by prohibiting judicial review and notably it was President Obama who created that precedent when he

05:28signed the legislation into law. While the opinion of judges may be of interest to political science, it's not

05:39the kind of science we want informing and informed to make for decision makers under the Endangered Species Act.

05:48And, you know, there are a lot of very good conservation organizations and environmental groups out there

05:56that are focused on doing the right thing, that are focused on creating better wildlife habitat. They're focused on

06:05recovering species and making sure that future generations are able to enjoy the species and the

06:11outdoor habitats that these species live in. And I applaud those organizations, but there are also

06:18organizations out there that seem more concerned about how much money they can raise, how many clicks they

06:24can get on their website, and how much they can control land use and other things that really, at the end of

06:33the day, are doing more damage to species than they are good to species. I would consider that radical and I would

06:40consider that something that we shouldn't tolerate in Congress. Again, I urge my colleagues to oppose

06:47the amendment and I yield back. Is there further discussion on the amendment? If there's no further

06:54discussion, the question is on the amendment offered by Ranking Member Huffman, designated Dingle number three.

06:59All those in favor signify by saying aye. Aye. Those opposed, no. No. Recorded vote, please.

07:05In the opinion of the chair, the no's have it. A recorded vote has been requested. Further proceedings

07:11on the amendment will be postponed.

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