The Endangered Species Act (ESA) remains one of the most successful and popular environmental laws in U.S. history. When the Senate passed it unanimously—92-0—in 1973, the bald eagle was among the first species listed for protection. By the early 1960s, fewer than 450 nesting pairs remained. Today, the species thrives, with over 300,000 individuals in 2026, outnumbering the population of St. Louis, Missouri.
Despite its enduring popularity—with a 2018 survey showing stable support over two decades and only about one in 10 Americans opposing it—the ESA has long faced opposition from industry groups concerned about development restrictions. In 2011, when Republicans gained control of the House, Congress introduced 30 bills to alter the ESA. That number averaged around 40 per year through 2016.
“A lot of environmental laws have not been brought into the 21st century or modernized effectively. It might sound counterintuitive, but a lot of us who are critical of the current iteration of the ESA want it to work.”
Gabriella Hoffman, Director, Center for Energy and Conservation at Independent Women’s Forum
Critics also argue that the ESA has been misused to block infrastructure projects, including some clean energy initiatives. However, Kristen Boyles, Managing Attorney of Earthjustice’s Northwest office, disputes this claim:
“I think there are very few examples of a species and a clean energy project collision that can’t be worked around. Most of the time, [the Endangered Species Act] is making sure that we have a process that respects both the web of life and the clean energy that we all want.”
Recent Republican Efforts to Weaken the ESA
This month, Republicans’ multi-pronged efforts to weaken the ESA are reaching a critical point. In 2019, the Trump administration implemented the first major changes to the ESA in decades. These changes included:
- Softening protections for “threatened” species;
- Expediting the delisting of plants and animals;
- Allowing economic considerations, such as lost revenue, to influence decisions on protected status.
While President Biden reversed some of these changes upon taking office, others remained in place until late last month. A federal judge struck them down as violations of both the Endangered Species Act and the National Environmental Policy Act.
Now, Republicans are pushing new legislation to further weaken the ESA. The House was preparing to vote on H.R. 1897, a bill that would bypass regulatory pathways and codify or expand upon many of the Trump-era changes. However, the bill was pulled from floor consideration at the last minute on Wednesday, reportedly due to