This evening, the House passed H.R. 4315, the Endangered Species Transparency and Reasonableness Act, by a vote of 233 to 190. H.R. 4315 contains Congressman Huizenga's Endangered Species Act reform proposal that prioritizes taxpayer dollars for species protection and recovery instead of lining the pockets of trial attorneys. Rep Huizenga's provision places reasonable caps on attorneys' fees and makes the Endangered Species Act (ESA) consistent with current federal law. This is the seventh piece of legislation introduced or amended by Rep. Huizenga to be passed by the House this Congress.
Huizenga Remarks as Prepared:
Mr. Speaker, I rise in support of H.R. 4315. This bill contains important reforms to the Endangered Species Act authored by Chairman Hastings, Congresswoman Lummis, Congressman Neugebauer, and myself.
Within H.R. 4315 is a provision that I authored, making the Endangered Species Act, or ESA, consistent with current law. It reforms the ESA litigation process while enhancing wildlife preservation, improving government efficiency, and protecting taxpayer dollars.
For too long, litigating attorneys have taken advantage of the Endangered Species Act, raking in millions of taxpayer dollars. In many ESA cases, lawyers' fees climb as high as $300, $400, or even $500 per hour, with hardworking American taxpayers left footing the bill.
Even worse, these rates can be awarded in cases where the federal government has settled with groups that may not have prevailed in the court system.
This does nothing to benefit species or people and is not productive. My section of the bill seeks to remedy this unconscionable problem.
Currently, the Equal Access to Justice Act limits the hourly rate for prevailing attorney fees to $125 per hour for veterans, small businesses, and federal benefit recipients. It is past time to apply that cap to ESA citizen suits as well.
In times of tight fiscal budgets and escalating national debt, taxpayer dollars should be prioritized for the protection and recovery of species, not lining the pockets of highly priced lawyers.
I urge all my colleagues to vote in favor of H.R. 4315, which provides common-sense updates to the ESA and makes the law work better for both species and people.
Background:
Last May, Congressman Huizenga was selected to join the Endangered Species Act Working Group. Since the last reauthorization of the ESA took place over 25 years ago, this group was created to examine the ESA from all angles and look for potential ways to improve the act for both society and species. The Endangered Species Act was signed into law in 1973 and was last reauthorized in 1988.
Over the past year, the ESA Working Group has been examining various questions surrounding the Endangered Species Act including the following: What is the appropriate way to measure ESA progress; how is success defined regarding the ESA; Is litigation driving the ESA; and what are the roles of state and local governments in recovering species.
