Today, the Subcommittee on Water, Wildlife and Fisheries held an oversight hearing on the implementation of the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA). Subcommittee Chair Harriet Hageman (R-Wyo.) issued the following statement in response:

“As Chair of the Water, Wildlife and Fisheries Subcommittee, I’m committed to working with my colleagues to reform the Endangered Species Act and Marine Mammal Protection Act and the flawed regulations stemming from these laws. Under Article One, Congress—not unelected bureaucrats—holds legislative power, and the Loper Bright decision reinforces our duty to oversee vague, overreaching laws. It’s time to restore Congressional oversight over U.S. Fish and Wildlife Service and empower local and state officials to conduct their own species management.”

Background

The U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision reiterates Congress has the responsibility to reign in executive branch overreach when implementing laws. These laws include the ESA and MMPA, which the federal government and radical environmental litigants have exploited and turned into political weapons instead of species management tools. 

Since Congress enacted the ESA in 1973, over 1,700 species have been listed as threatened or endangered, not counting experimental populations. Only 3 percent of these species have been recovered and delisted. In September 2024, House Committee on Natural Resources Chairman Bruce Westerman (R-Ark.) introduced the ESA Amendments Act of 2024. 

Since taking office in 2025, President Donald Trump has signed a series of Executive Orders (E.O.), several of which contain provisions related to the ESA. In E.O. 14156, entitled “Declaring a National Energy Emergency,” Trump directed federal agencies to use emergency authorities to expedite permitting for energy projects to “facilitate the Nation’s energy supply.” Federal agencies are required to report to the Secretary of the Interior, Secretary of Commerce, the Office of Management and Budget Director, the Director of the National Economic Council and the Chairman of the Council on Environmental Quality every 30 days on the progress of permitting energy projects under the ESA during the national emergency. 

Today's hearing heard testimony from experts on ESA and MMPA issues and included discussions of various reforms Congress can implement to ensure these laws function as originally intended.

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