WEBVTT - Endangered Species Feud Weighs on States’ Rights (Audio)

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<v Speaker 1>A scuffle in a broader battle over states rights and

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<v Speaker 1>the Endangered Species Act took place at the ten Circuit

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<v Speaker 1>Court of Appeals in Denver yesterday. The federal government asked

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<v Speaker 1>the appeals court to overturn an order that bars the

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<v Speaker 1>release of endangered gray wolves in New Mexico without the

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<v Speaker 1>state's permission. New Mexico and eighteen other states argue the

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<v Speaker 1>law requires the US Fish and Wildlife Service to cooperate

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<v Speaker 1>with them on how to reintroduce endangered species within their states.

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<v Speaker 1>Federal attorneys say the law allows the agency to go

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<v Speaker 1>around a state if necessary to say the species. The

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<v Speaker 1>court fight is going on during uncertainty about the future

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<v Speaker 1>of the Endangered Species Act. I've been talking with Charles Warren,

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<v Speaker 1>head of the environmental practice at Cramer Levin Chuck tell

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<v Speaker 1>us about the issue at the Tenth Circuit. Yeah. I

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<v Speaker 1>think the first thing to know is that this is

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<v Speaker 1>about the what they call a Mexican gray wolf, which

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<v Speaker 1>is a species of gray wolf that's been on the

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<v Speaker 1>endangered list under the Endanger Species Act. There are very

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<v Speaker 1>few of them left here in the United States, and

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<v Speaker 1>um the FICTION Wildlife Service, which is in the Department

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<v Speaker 1>of Interior has for a few the number of years

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<v Speaker 1>now been reintroducing them back into various states, and they've

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<v Speaker 1>had some success in some of the Great Lake States,

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<v Speaker 1>not as not as well in Arizona and New Mexico.

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<v Speaker 1>And what they decided to do here was take captive

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<v Speaker 1>Mexican great wolves and reintroduced them in New Mexico in

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<v Speaker 1>certain areas, not not many, but but you know, a few.

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<v Speaker 1>And of course the state took great umbrage at this

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<v Speaker 1>because the ranchers and people in the states say, well,

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<v Speaker 1>these are predators. They're going to start, you know, eating

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<v Speaker 1>our livestock and so and you didn't consult with us,

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<v Speaker 1>and this is a terrible idea. You didn't get a permit.

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<v Speaker 1>And the district court judge had said that's right, and

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<v Speaker 1>he enjoined them, and so that's that's really what they

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<v Speaker 1>were arguing about at the Circuit court, you know, yesterday,

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<v Speaker 1>and he has the better side of the argument. Under

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<v Speaker 1>the law, well, the Endangered Species Act gives the Department

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<v Speaker 1>of Interior the chance to reintroduce species in order to

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<v Speaker 1>help them come back once they've become endangered or threatened.

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<v Speaker 1>And so this is a program that's certainly authorized under

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<v Speaker 1>the Act. But the Act, in one of the sections

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<v Speaker 1>says they should consult with the states and comply with

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<v Speaker 1>state permit requirements in connection with certain activities, except in

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<v Speaker 1>instances where the Secretary of Interior determines that such compliance

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<v Speaker 1>would prevent him from carrying out his statutory responsibilities. And

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<v Speaker 1>one of those areas is carrying out research programs and

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<v Speaker 1>involving the taking or possession of fish and wildlife, or

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<v Speaker 1>programs involving reintroduce reintroduction of fish and wildlife. So so

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<v Speaker 1>the general idea is you're supposed to consult with the

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<v Speaker 1>state and if they have perment requirements, and they do,

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<v Speaker 1>and that's one of the things that they were saying

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<v Speaker 1>to the judge. And they didn't get a permit, and

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<v Speaker 1>and basically the Department of Interior said, look, we need

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<v Speaker 1>they won't give us a permit, and we need this

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<v Speaker 1>in order to carry it. We need to move forward

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<v Speaker 1>in order to carry out our program to help save

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<v Speaker 1>this endangered species. And so I think it's a you know,

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<v Speaker 1>it's and it's an interesting case. I think in the end,

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<v Speaker 1>I think that the government has the better argument, because, um,

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<v Speaker 1>the overall intent of the Endangered Species Act is to

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<v Speaker 1>try and save endangers and threatened species, whether that's habitat

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<v Speaker 1>protection or reintroduction of these species into areas where they

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<v Speaker 1>once roamed. And I think that the you know, just

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<v Speaker 1>because the state doesn't like it. If if they're trying

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<v Speaker 1>to throw up roadblocks to prevent it, and the Secretary

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<v Speaker 1>of Interior thinks that that doesn't allow them to carry

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<v Speaker 1>out the program, I think in the end, uh, the

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<v Speaker 1>Court's going to side with the Secretary of Interior chucked.

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<v Speaker 1>The Endangered Species Act was passed nearly unanimously in three

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<v Speaker 1>to stop extinction of the symbol of our nation, the

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<v Speaker 1>bald Eagle. Republicans are targeting it. How how important is

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<v Speaker 1>it and how likely is it that it will survive? Well,

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<v Speaker 1>it's been a very important law, and it's been very

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<v Speaker 1>important to protect habitat and to protect species. And it

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<v Speaker 1>has been under attack for a lot of years since

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<v Speaker 1>it passed in nineteen seventy three because often projects like

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<v Speaker 1>big developments have been impacted and not not necessarily stopped,

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<v Speaker 1>but maybe moved or truncated or things like that um

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<v Speaker 1>by the Endangered Species Act. And so it's been something

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<v Speaker 1>that's that people have been against for a long time.

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<v Speaker 1>I think there will be clearly an effort to do

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<v Speaker 1>something about it. I think though that the since it

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<v Speaker 1>takes uh sixty votes in the United States Senate to

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<v Speaker 1>break a filipbuster and you can still filipbuster legislation like this,

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<v Speaker 1>I think that's it's likely that it won't get through

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<v Speaker 1>the Senate because I think there are enough senators who

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<v Speaker 1>support the Endangered Species Act that will end up blocking it.

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<v Speaker 1>So I mean, you never know, but I think that

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<v Speaker 1>in the end, I don't think they'll be successful, and

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<v Speaker 1>I think there'll be a lot of environmental and conservation

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<v Speaker 1>people who are pushing very strongly. It's a very volatile

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<v Speaker 1>type of thing and people really supported a lot and

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<v Speaker 1>a lot of people oppose it, so I think it's

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<v Speaker 1>it's going to be a big battle here. Again, we

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<v Speaker 1>have another visual with with animals as opposed to two people.

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<v Speaker 1>It's like we had to have the Sioux tribe out

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<v Speaker 1>in Denver. So it's it's really it's really going to

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<v Speaker 1>be interesting. And uh, we appreciate your taking us through

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<v Speaker 1>all these different environmental issues. Thanks so much. That's Chuck

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<v Speaker 1>war and he's head of the environmental practice at Kramer Levin. Well,

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<v Speaker 1>I want to that's it for this edition of Bloomberg Law.

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<v Speaker 1>Thanks to our technical director Chris Trike Comey and our

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<v Speaker 1>producer David Suckerman. Bloomberg Markets with Carol Master and Corey

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<v Speaker 1>Johnson is starting. Now, what do you have for us today? Carol?

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<v Speaker 1>We have some great stuff coming up. We're gonna talk

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<v Speaker 1>with the CEO of So Knows. It's a sound home

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<v Speaker 1>sound system. Corey and I have it in our home,

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<v Speaker 1>so we're talking about the direction for that company. Also

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<v Speaker 1>giving a digital degree what that's all about. That's interesting.

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<v Speaker 1>I have Stillness and I haven't hooked it up yet,

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<v Speaker 1>So come on you. That's Bloomberg Markets, Carol Mazarin, Corey

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<v Speaker 1>Johnson up next right here on Bloomberg Radio