December 23, 2023 marks the 50th anniversary of the signing of the Endangered Species Act (ESA) by President Richard M. Nixon. The statute has put enormous power into the hands of bureaucrats at the two federal agencies that administer it – the Interior Department’s U.S. Fish and Wildlife Service (USFWS) and the Commerce Department’s National Marine Fisheries Service (NMFS). It has also been adroitly used by environmental groups who have sued the federal government under the ESA to stop projects not of their liking through the broadest possible designation of a “critical habitat” for a plant or animal said to be either threatened or endangered.
Read MoreCommentary: This Landmark Conservation Bill Has Been an Abject Failure for Fifty Years
