"In their zeal to fulfill the goals of the President's Climate Action Plan, EPA and the Fish & Wildlife Service may be tempted to overlook the existing protections for the environment embodied in the ESA," wrote the Senators. "Their failure to appropriately conduct an ESA consultation would lead to dire results for protected species and their habitat."
The ESA requires consultation for any action that "may affect" a listed species or designated critical habitat. Currently, the EPA and the FWS have not confirmed whether an ESA consultation is occurring for the NSPS for power plants. During last week's EPW Subcommittee on Oversight hearing, Ashe confirmed that an agency "has an obligation" to consult on known impacts to a listed species or designated critical habitat.
The Administration has shown a willingness to use the ESA to help achieve their political goals. In 2011, the FWS entered into a closed-door "sue and settle" agreement with two environmental groups that could force the listing of more than 250 species as threatened or endangered under the ESA. This could ultimately lead to putting a private citizen's property off-limits to most commercial uses, reducing the property's value.
"The Obama Administration has launched an assault on private property rights through abusive tactics under the ESA," Vitter said. "If they choose to continue manipulating the law to benefit their political agenda, they must also be consistent even when the ESA would slow them down in other aspects, including the President's Climate Action Plan."
Click here to read an op-ed by Sen. Vitter regarding the Administration's abuse of the ESA that was published on the fortieth anniversary of it becoming law.