By: Daria Bednarczyk JD’25/MELP’22 and Vanessa Kranz JD’25
During the fall 2024 semester, a group of Vermont Law and Graduate School (VLGS) students and faculty attended the Endangered Species Act: The Next 50 Years conference. This event was sponsored by the Brooks Institute for Animal Rights Law and Policy and Harvard Law School’s Brooks McCormick Jr. Animal Law and Policy Program, Animal Law and Policy Clinic, and Emmett Environmental Law and Policy Clinic. VLGS professor Delcianna Winders presented on a panel titled “The Next 50 Years: Underutilized Authorities.”
The conference united scholars, policymakers, and conservationists to examine the Endangered Species Act’s past 50 years and strategize for its future. Discussions centered on adaptive management, climate resilience, and community involvement, emphasizing lessons learned and innovative approaches to strengthen biodiversity protection in a changing world.
The Endangered Species Act (ESA or Act), enacted in 1973, is a cornerstone of biodiversity protection in the United States, designed to safeguard and recover imperiled species and their habitats. With 84% of Americans supporting the ESA, it remains a rare example of bipartisan agreement on environmental issues. Since its enactment, the ESA has had a 99% success rate at preventing the extinction of wildlife listed as endangered. Not only has the ESA succeeded in species conservation in the United States, but it has also had far-reaching benefits—helping conserve species and preserve biodiversity globally. Its influence has inspired similar conservation efforts in other countries, demonstrating the global impact of comprehensive wildlife protection policies.
However, as one of the speakers at the conference noted, the ESA can be likened to an emergency room—the statute does not kick in until a species is on the brink of extinction. Compounding this challenge is the speed at which climate change is impacting species and the persistent underfunding of implementation of the Act, which has not kept pace with the growing pressures on wildlife. The number of species requiring intervention now far exceeds the available resources, leaving many, particularly less-charismatic species, at heightened risk. A focus on all types of ESA species, not just charismatic individuals, is critical. Entire species and ecosystems are threatened, which increases the need for the ESA. An additional challenge is the lack of state motivation to offer more robust protection to imperiled animals. The ESA was enacted federally because of the failure of individual states to protect species with depleting wildlife populations.
It is essential to draw on the lessons of the ESA’s first 50 years and prioritize proactive conservation measures to secure a sustainable future for all species. We can minimize the need for emergency listings and establish a more resilient framework for biodiversity protection by addressing threats before they become critical. Strengthened collaboration among federal administrative agencies is also vital to enhancing the Act’s effectiveness. For example, the United States Fish and Wildlife Service (FWS) could provide targeted training to the United States Department of Agriculture (USDA) staff, enabling them to identify and report potential ESA violations encountered during Animal Welfare Act inspections of captive members of listed species. Formalized procedures for seamless communication between the USDA and the FWS would facilitate more efficient enforcement and resolution of violations. Additionally, states must take a more active role in species conservation, prioritizing broader ecological interests over narrow hunting interests. Such collective efforts will bolster the ESA’s capacity to address modern conservation challenges and protect biodiversity for generations to come.
The ESA has proven to be a vital tool for conserving biodiversity, with a remarkable history of preventing species extinctions and fostering global conservation efforts. As we look at the next 50 years, the challenges of climate change, funding limitations, and the need for proactive measures highlight the importance of refining and expanding the Act’s implementation. Inter-agency collaboration, early intervention strategies, and increased state-level involvement are critical to ensuring the ESA evolves to meet the demands of a rapidly changing world.