Endangered Species Law & Policy

On March 18, 2026, the U.S. Senate Environment and Public Works Subcommittee on Fisheries, Water, and Wildlife convened a hearing to examine ongoing challenges and potential improvements in the implementation of the Endangered Species Act (ESA). As we previously reported, Rep. Westerman (R-Ark.), Chair of the House Natural Resources Committee, is the lead author of H.R. 1897, a bill to reauthorize the ESA that was voted out of that Committee in December 2025. With both chambers now engaged, we are closer to significant ESA legislative reform than at any time in the past two decades.

A Candid Look at ESA Performance

Subcommittee Chair Sen. Ricketts (R‑Neb.) opened the hearing with a candid assessment of the ESA’s track record. While acknowledging its successes in preventing extinctions, he pointed to the law’s low recovery rate: of the more than 1,700 species listed, only 57 have been delisted due to recovery. Sen. Ricketts made the case that the ESA’s track record raises fundamental questions about whether the law is meeting Congress’s intent.

Ranking member Sen. Schiff (D‑Calif.) emphasized the success of the ESA in preventing extinction of species listed as threatened or endangered. He also identified potential bipartisan avenues for improvement, including offering more flexibility to landowners seeking to contribute to the conservation of listed species and increasing state collaboration in species recovery planning.

The witnesses all emphasized the potential for greater incentives to contribute to species recovery. They also made the case for a gradual scaling back of restrictions on the regulated community as species make progress toward recovery.

Next Steps

Approved on March 24, 2026 by the Committee on Natural Resources, HR 1897 awaits approval by the full U.S. House of Representatives. If the House votes in favor of advancing the bill it will then be referred to the Senate. If the Senate passes its own version of the bill, the House could pass that version or the two chambers could appoint a conference committee to reconcile any differences.