Transcript Introduction 1.1 Course Overview

Edwards, Wattenberg, and Lineberry
Government in America: People, Politics, and Policy
Fourteenth Edition
Case Study:
Implementing the
Endangered Species Act
Special Topic Lecture
Chapter 15: The Federal Bureaucracy
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The Endangered Species Act
Illegal to
– harass, harm, pursue, hunt, shoot, wound, kill,
trap, capture, or collect endangered or threatened
species.
Federal actions may not jeopardize listed
species.
– Actions that may harm a species must be reviewed
by the Fish and Wildlife Service.
– Includes granting permits or other actions in
support of private action; thus regulates many
private citizens.
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Implementation
Translating the goals and objectives
of a policy into an operating,
ongoing program.
– Assigning the policy to an agency (creating
one if necessary).
– Translating policy into rules, regulations,
and forms.
– Coordinating resources to achieve the goals.
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Implementing ESA
Assignment
– Congress assigned implementation to FWS
Translation into rules
– Operationalized “harm”
– Disallowed petitions for candidate species from
interest groups under certain circumstances
Coordination of Resources
– Role of Field Offices and National Wildlife Refuges
in conducting consultations and reviews.
– Requested legislative limits on funds for process of
listing an endangered species.
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Regulation
Use of governmental authority to
control or change some practice in
the private sector.
Elements:
– A grant of power and set of directions from
Congress.
– A set of rules and guidelines by the
regulatory agency itself.
– And . . .
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Regulation
Some means of enforcing
compliance.
– Command-and-Control: Specific regulations
detail what one must, may, and may not do.
– Incentive System: Establish benchmarks for
behavior and rewards or penalties for
compliance.
– Market Approaches: Distribute rights to
behavior and allow market exchange of
excess rights.
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Enforcing ESA
Command-and-Control
– FWS lists endangered and threatened
species.
– Conduct consultations to approve or
prohibit federal actions.
Incentive System
– Approve Habitat Conservation Plans and
grant incidental take permits.
– Administer grant programs for states and
individuals who create HCPs.
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Formal Oversight Powers
Many formal oversight powers are not
very effective at changing an agency’s
policy.
Hold hearings
– Routine: Mostly show; little of substance happens.
– Investigatory: makes the agency look bad but
can’t force change.
– Polar Bear Protections
•January 30, 2008: Senate hearing on why FWS failed to
meet legislative deadline for action on listing the polar
bear.
•FWS faced extensive criticism from Congress.
•FWS took no action until a court ordered them to.
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Formal Oversight Powers
Confirm presidential appointments
– Usually about personality, not policy.
– No influence after confirmation.
– Can be influential when appointing a successor in
scandal situations.
– Dale Hall, Director, USFWS
•Ignored genetics, banned findings of “jeopardy” for any
species, reversed decisions of biologists on staff.
•Opposed by Chair and Ranking Member of Senate oversight
committee (i.e., leaders of both parties).
•Confirmed on voice vote.
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Formal Oversight Powers
Cut the agency’s budget
– Almost always about politics (pork or positiontaking).
– Counterproductive if lack of resources is the
problem.
– Requires legislative action through budget process.
– Funding for Endangered Species Protection
•Republicans typically oppose the FWS when listing a
species.
•Republicans provide more funding for protecting species in
their districts than Democrats.
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Formal Oversight Powers
Rewrite legislation
– Very difficult to do because of legislative process.
– More successful through specific provisions in
broader bills.
– ESA Amendments to Listing Process
•Backlog of listing emerges as early as 1977; average of 10
years to produce listing.
•Time limit imposed on listings and suits allowed in 1982
amendments.
•Five years from identifying problem to legislating a
solution.
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Oversight in Practice
Congress often relies on more subtle
means of oversight.
Anticipation
– Congress signals its expectations through public
statements.
– Bureaucrats meet these expectations before
Congress formally demands so.
– 1995 Listing Moratorium
•Republicans take control of Congress in 1994, criticizing
the ESA but taking not action immediately.
•Secretary Babbitt imposes a ban on new listings until the
process can be reviewed and made more flexible.
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Oversight in Practice
Administrative Procedures
– Procedures are often designed to
•lead to specific outcomes.
•let favored groups directly assert their interests.
– Economic Impact Analysis
•1981: Reagan requires analysis of economic
effects and cost effectiveness of listings
•1982: Congress requires that decisions be based
solely on “best available science.”
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Oversight in Practice
Fire Alarms vs. Police Patrols
– Congressional oversight hearings are often based
on crisis response rather than routine supervision.
– Limits need for investigation to those issues that
are important to constituents.
– Polar Bear Hearings (2007)
•Deadlines for listing are ALWAYS missed. Why polar
bears?
•Aggressive action by Center for Biological Diversity and
National Wildlife Foundation—both based in California,
home of EPW Committee Chair.
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