Revamping Environmental Agencies: Trump’s Opportunity to Restore Property Rights

Revamping Environmental Agencies: Trump’s Opportunity to Restore Property Rights

In a recent column, I outlined some troubling abuses faced by farmers, ranchers, and landowners due to federal regulations under the Endangered Species Act. The United States Fish and Wildlife Service employs approximately 9,000 bureaucrats who have considerable power over private property rights through their interpretations and enforcement of this act.

Equally concerning is the National Oceanic and Atmospheric Administration, which manages marine species with an additional 12,000 employees. While the Fish and Wildlife Service emerges as the most significant perpetrator of these abuses, the U.S. Army Corps of Engineers and the Environmental Protection Agency also contribute to a convoluted landscape of regulations. These have effectively stalled vital infrastructure and housing developments across the nation.

President Trump has the chance to take vital steps toward reform with three strategic executive orders aimed at empowering landowners who have faced severe restrictions due to the federal listing of certain species as endangered or threatened.

First Executive Order: Addressing Species Listings

The inaugural executive order should task Secretary Burgum with a comprehensive review of the endangered species list. This review would target species categorized based on questionable criteria referring to “projected decline” of their habitat. Such assessments have often been marred by guesswork rather than scientific rigor, enabling bureaucrats to manipulate the system indiscriminately over the last three decades.

Understanding Endangered and Threatened Species

Under current law, a species is deemed endangered when it faces an imminent threat of extinction. Conversely, a threatened species is one likely to become endangered soon. However, the terms “imminent” and “foreseeable” are often exploited in a manner that stretches them beyond logical limits. The Fish and Wildlife Service has repeatedly blurred these boundaries, raising questions about the legitimacy of their listings.

Rising Numbers of Protected Species

When the Endangered Species Act was enacted in 1973, only 78 species were listed as either endangered or threatened. Today, this number has skyrocketed to over 1,300. This surge is attributed largely to the Service’s reliance on speculative projections regarding species’ habitats. Any species included in the endangered list through such non-scientific means should be promptly removed, thereby allowing the agency to focus resources on genuinely endangered species.

Second Executive Order: Property Rights Protection

Trump’s second executive order should assert that private property impacted by Endangered Species Act listings constitutes a federal taking, warranting compensation for the affected landowners. The Constitution upholds the right to protection against uncompensated takings, meaning taxpayers at large should absorb the costs imposed by these regulations instead of burdening a select few landowners.

Third Executive Order: Streamlining Agency Operations

The final executive order should instruct Secretary Burgum and USFWS Director Brian Nesvik to undertake substantial downsizing efforts within their agencies based on merit. The presence of activists within these agencies has hindered their primary mission: protecting our natural resources effectively without stifling development. A reshuffling of leadership would breathe fresh vision and focus into the compliance with constitutional protections for private property.

As the Pacific Legal Foundation tirelessly advocates for the rights of landowners, addressing this growing problem requires systemic change over decades. Both Secretary Burgum and Director Nesvik would benefit immensely from considering talent within the Pacific Legal Foundation for key positions within their agencies. Such a strategy could promote real growth and protection for endangered species without infringing unfairly upon landowners’ rights.

The Essential Path Forward

If President Trump implements these executive orders, it could mark a decisive shift in how federal agencies interact with stakeholders. By prioritizing genuine protection for threatened species and safeguarding property rights, there remains a real opportunity for reform within America’s environmental regulatory landscape. Ensuring that landowners receive timely compensation for any losses due to endangered species listings aligns with the Fifth Amendment’s requirement for just compensation.

This potential turn toward restoration illustrates the urgency of revisiting regulations with the primary goal of transparency, accountability, and fairness. It is incumbent upon us to ensure that regulations serve their intended purpose without sacrificing the rights of private property owners across the country.

Effective reform would not only bring relief to farmers, ranchers, and landowners but also reinforce the integrity of our environmental protections. However, realizing this vision requires decisive action and an unwavering commitment to the principles enshrined in our Constitution.

Hugh Hewitt is a Fox News contributor and host of The Hugh Hewitt Show, airing weekdays from 3 PM to 6 PM ET on the Salem Radio Network. He has covered national topics extensively and served as a Professor of Law at Chapman University’s Fowler School of Law since 1996.