After 50 years of the U.S. Endangered Species Act, we need new biodiversity protection laws (commentary)

The U.S. Endangered Species Act marked 50 years at the end of 2023 and has achieved some notable successes in that time, like helping to keep the bald eagle from extinction, but the biodiversity crisis makes it clear that more such legislation is needed.
“As we welcome 2024 and celebrate the strides made in biodiversity legislation, let’s draw inspiration to forge even more robust laws this new year,” a new op-ed argues.
“In the face of the urgent biodiversity crisis, our new legislation must match the immediacy of this threat.”
This post is a commentary. The views expressed are those of the author, not necessarily Mongabay.

The 50^th anniversary of the Endangered Species Act (ESA) — the most consequential environmental legislation ever created — is ringing in a new year of hope. As we welcome 2024 and celebrate the strides made in biodiversity legislation, let’s draw inspiration to forge even more robust laws this new year. In the face of the urgent biodiversity crisis, our new legislation must match the immediacy of this threat.

The loss of plants, animals, and ecosystems may seem hard to miss. After all, everything is in your face these days. The ubiquity of cameras means we are witnesses to global events both large and trivial. From massive wildfires and big-game hunting to individuals tripping while looking at their smartphones, we see it all.

What we do not see slowly unfolding is the extinction crisis. Yet, contrary to its seemingly gradual pace, species are vanishing 1,000 times faster than the natural background rate of extinction – a pace that surpasses even the aftermath of the comet that led to the demise of the dinosaurs. It’s difficult to visualize the insect apocalypse, three billion fewer birds in North America, or the moment of extinction for the one million species at risk of disappearing from the planet, and here in the United States 34% of plant and 40% of animal species are at risk of extinction.

Statistics from NatureServe’s 2023 Biodiversity in Focus: U.S. Edition report, which found over one-third of biodiversity is currently at risk of extinction in the United States. Graphic courtesy of NatureServe.

The mass defaunation of nature will affect all of us. However, like climate change 30 years ago, the loss of species seems like a distant problem—until it isn’t, and habitats start to collapse. Less diverse ecosystems are less resilient to environmental change, and humanity depends on ecosystems for the services they provide, such as water purification and pollination, genetically diverse medicine and food, and a variety of other social, cultural, and economic benefits.

As we celebrate the anniversary of the ESA, we must commit to being witness to the Sixth Extinction. The ESA set a precedent for states and countries by acknowledging the gravity of extinction at a time when this issue wasn’t at the forefront of most people’s minds, and is an inconceivable move in today’s political landscape.

By providing a framework for protecting the rarest species in the United States, Congress and President Nixon saved thousands of species from extinction, including the bald eagle. While not always successful, the fact we are identifying and working to save species is remarkable. Moreover, it’s estimated that 99% of the species that do get listed have been saved.

Though an audacious claim of success can be made, there are thousands of species at risk of extinction that are not included among the 1,670 species listed under the ESA, and 2,747 plants and 2,613 animal species are at high risk of extinction in the U.S. Unfortunately, getting species onto the Endangered Species List is a tedious political process. Nevertheless, some of the rarest species have protection under state laws or have been saved through local or private action.

But the vast majority do not have enough protection. We can and must do better to safeguard the diversity of life.

Bald eagles were kept from extinction in large part due to the Endangered Species Act. Image by Julie Larsen Maher for WCS.

Even with the emergence of advanced technologies such as satellites, drones, smartphones, and AI, documenting an extinction remains challenging. While people dream about hearing the call of the ivory-billed woodpecker — and it has been 60 years since the last verified sighting of the magnificent bird — we still will not declare it extinct. Witnessing change holds power, but species extinction occurs quietly, in the background. This makes it all the more critical to have scientific evidence indicating we are experiencing a biodiversity crisis and are succeeding in saving species from extinction.

While the current U.S. Congress seems unable to pass meaningful legislation, we cannot wait to take action on extinction. The bipartisan Recovering America’s Wildlife Act has the potential to be this generation’s exemplar of forward-looking legislation that addresses the calamity we have caused, and could benefit both people and wildlife for future generations, if passed.

Species do not have to disappear in silence. Collectively, we can leverage our voices to advocate for laws that safeguard the foundation of our natural world.

Dr. Sean O’Brien directs NatureServe and works with conservation professionals across North America to protect threatened biodiversity through the collection and curation of reliable scientific data.

See related coverage: