Fifty years ago tomorrow, on December 28, 1973, President Richard Nixon signed the Endangered Species Act into law. Declaring that Congress had determined that “various species of fish, wildlife, and plants in the United States have been rendered extinct as a consequence of economic growth and development untempered by adequate concern and conservation,” the act provided for the protection of endangered species. 

Just over a decade before, in 1962, ecologist Rachel Carson had published Silent Spring, documenting how pesticides designed to eliminate insects were devastating entire ecosystems of linked organisms. The realization that human destruction of the natural world could make the planet uninhabitable spurred Congress in 1970 to create the Environmental Protection Agency. And in 1973, when Nixon called for stronger laws to protect species in danger of extinction, 194 Democrats and 160 Republicans in the House—99% of those voting—voted yes. Only four Republicans in the House voted no.    

Such strong congressional support for protecting the environment signaled that a new era was at hand. While President Gerald Ford, who succeeded Nixon, tended to dial back environmental protections when he could in order to promote the development of oil and gas resources, President Jimmy Carter pressed the protection of the environment when he took office in 1977. 

In 1978, Carter placed 56 million acres of land in Alaska under federal protection as national monuments, doubling the size of the national park system. “These areas contain resources of unequaled scientific, historic and cultural value, and include some of the most spectacular scenery and wildlife in the world,” he said. In 1979 he had 32 solar panels installed at the White House to help heat the water for the building and demonstrate that it was possible to curb U.S. dependence on fossil fuels. Just before he left office, Carter signed into law the Alaska National Interest Lands Conservation Act, protecting more than 100 million acres in Alaska, including additional protections for the Arctic National Wildlife Refuge.

Oil companies, mining companies, timber companies, the cattle industry, and local officials eager for development strongly opposed Carter’s moves to protect the environment. In Alaska, local activists deliberately broke the regulations in the newly protected places, portraying Carter as King George III—against whom the American colonists revolted in 1776—and insisting that the protection of lands violated the promise of life, liberty, and the pursuit of happiness promised in the Declaration of Independence. 

For the most part, though, opposition to federal protection of the environment showed up as a drive to reform government regulations that, opponents argued, gave far too much power to unelected bureaucrats. In environmental regulations, the federal government’s protection of the public good ran smack into economic development.

In their 1980 presidential platform, Republicans claimed to be committed to “the conservation and wise management of America’s renewable natural resources” and said the government must protect public health. But they were not convinced that current laws and regulations provided benefits that justified their costs. “Too often,” they said, “current regulations are…rigid and narrow,” and they “strongly affirm[ed] that environmental protection must not become a cover for a ‘no-growth’ policy and a shrinking economy.”

In his acceptance speech for the Republican presidential nomination, Ronald Reagan explained that he wanted to see the U.S. produce more energy to fuel “growth and productivity. Large amounts of oil and natural gas lay beneath our land and off our shores, untouched because the present Administration seems to believe the American people would rather see more regulation, taxes and controls than more energy.” 

In his farewell address after voters elected Reagan, Carter urged Americans to “protect the quality of this world within which we live…. There are real and growing dangers to our simple and our most precious possessions: the air we breathe, the water we drink, and the land which sustains us,” he warned. “The rapid depletion of irreplaceable minerals, the erosion of topsoil, the destruction of beauty, the blight of pollution, the demands of increasing billions of people, all combine to create problems which are easy to observe and predict, but difficult to resolve. If we do not act, the world of the year 2000 will be much less able to sustain life than it is now.” 

“But,” Carter added, “[a]cknowledging the physical realities of our planet does not mean a dismal future of endless sacrifice. In fact, acknowledging these realities is the first step in dealing with them. We can meet the resource problems of the world—water, food, minerals, farmlands, forests, overpopulation, pollution if we tackle them with courage and foresight.”

Reagan began by appointing pro-industry officials James G. Watt and Anne M. Gorsuch (mother of Supreme Court justice Neil Gorsuch) as secretary of the interior and administrator of the Environmental Protection Agency, respectively; they set out to gut government regulation of the environment by slashing budgets and firing staff. But both resigned under scandal in 1983, and their replacements satisfied neither those who wanted to return to the practices of the Carter years nor those who wanted to get rid of those practices altogether. 

Still, with their focus on developing oil and gas, when workers repairing the White House roof removed the solar panels in 1986, Reagan administration officials declined to reinstall them. 

Forty years later, we are reaping the fruits of that shift away from the atmosphere that gave us the Endangered Species Act and toward a focus on developing fossil fuels. On November 30 the World Meteorological Organization (WMO), an agency of the United Nations, reported that global temperatures in 2023 were at record highs both on land and in the seas, Antarctic sea ice extent is at a record low, and devastating fires, floods, outbreaks of disease, and searing heat waves have pounded human communities this year.

The WMO released this provisional report the same day that the U.N. Climate Change negotiations, known as COP28, began in the United Arab Emirates. United Nations Secretary-General António Guterres urged leaders to commit to act to address climate change, while there was still time to avoid “the worst of climate chaos.” After a year in which countries staggered under extreme weather events, climate change is on people’s minds: nearly 80,000 people, including world leaders and celebrities, registered to attend COP28.

After the convention ended on December 13, Umair Irfan of Vox summarized the agreement hashed out there. For the first time in 27 such conventions, countries explicitly called for the phasing out of fossil fuel…but they didn’t say when or by how much. After taking stock of what countries are doing to address climate change, the meeting concluded that efforts to reduce emissions, invest in technology, adapt to warming, and help suffering countries are all falling short. 

In addition to acknowledging the need to move away from fossil fuels, COP28 agreed to cut methane, boost renewable energy considerably, and help countries that are dealing with the fallout from climate change: island nations, for example. But emissions of greenhouse gases continue to rise, and the hope of limiting warmer temperatures to 1.5 degrees Celsius now seems a long shot. Still, renewable energy capacity grew nearly 10% in 2022, led by solar and wind power. 

Today President Joe Biden used the anniversary of the Endangered Species Act to reclaim the spirit of the era in which it was written, urging Americans to protect ecosystems and biodiversity, “honor all the progress we have made toward protecting endangered species,” and to “come together to conserve our planet.” He noted that thanks to the Inflation Reduction Act, the Biden-Harris administration has been able to invest billions of dollars in forest management, ecosystem restoration, and protection of watersheds, as well as making historic investments in addressing climate change, and that, as president, he has protected more lands and waters than any president since John F. Kennedy.

And yet the forces that undermined that spirit are still at work. In the 2022 West Virginia v. Environmental Protection Agency decision, the Supreme Court claimed that Congress could not delegate “major questions” to executive agencies, thus limiting the EPA’s ability to regulate the emissions that create climate change; and House Republicans this summer held a hearing on “the destructive cost of the Endangered Species Act,” claiming that it “has been misused and misapplied for the past 50 years” with “disastrous effects on local economies and businesses throughout the United States.” Chair of the House Committee on Natural Resources Bruce Westerman (R-AR) accused the Biden administration of stifling “everything from forest management to future energy production through burdensome ESA regulations.”

While in 1980 voters could react to such a contrast between the parties’ environmental visions ideologically, in 2023, reality itself is weighing in. Brady Dennis of the Washington Post noted today that in this era of rising waters and epic storms, North Carolina has become the fourth state, along with South Carolina, New York, and New Jersey, to require home sellers to disclose their home’s flooding history and flood risk to prospective buyers.

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Notes:

http://omnilearn.net/esacourse/pdfs/esastatute.pdf

https://www.govtrack.us/congress/votes/93-1973/h531

P. S. Ward, “Ford and Carter: Contrasting Approaches to Environment,” Journal (Water Pollution Control Federation), 48 (October 1976): 2238-2243.

https://www.washingtonpost.com/archive/politics/1991/08/02/college-to-use-white-house-solar-panels/4ffc021a-04ee-4660-8cd0-6e92ba219e78/

https://www.washingtonpost.com/archive/politics/1978/12/02/carter-sets-aside-56-million-acres-of-alaska-lands/c3d130ae-22d2-47e6-aacc-1ba1b0ef0348/

https://www.presidency.ucsb.edu/documents/farewell-address-the-nation-0

https://www.nytimes.com/1979/01/15/archives/alaskans-protest-publicland-action-paul-reveres-ride-and-george-iii.html

https://www.washingtonpost.com/climate-environment/2023/02/21/jimmy-carter-environment-energy-alaska/

https://www.presidency.ucsb.edu/documents/republican-party-platform-1980

Michael E. Kraft and Norman J. Vig, “Environmental Policy in the Reagan Presidency,” Political Science Quarterly 99 (Autumn 1984): 415-439.

https://www.washingtonpost.com/news/energy-environment/wp/2017/02/01/neil-gorsuchs-mother-once-ran-the-epa-it-was-a-disaster/

https://www.nytimes.com/1989/01/02/us/reagan-and-environment-to-many-a-stalemate.html

https://www.reaganlibrary.gov/archives/speech/republican-national-convention-acceptance-speech-1980

https://wmo.int/news/media-centre/2023-shatters-climate-records-major-impacts

https://www.vox.com/climate/24000157/cop28-climate-conference-uae-dubai-winners-losers-fossil-fuels-methane

https://www.vox.com/24008047/2023-warmest-year-cop28-climate-change-science

https://www.washingtonpost.com/climate-environment/2023/12/27/flood-risk-damage-disclosure-homebuyers/

https://naturalresources.house.gov/news/documentsingle.aspx?DocumentID=414616

https://naturalresources.house.gov/news/documentsingle.aspx?DocumentID=414614

https://www.whitehouse.gov/briefing-room/presidential-actions/2023/12/27/a-proclamation-on-the-50th-anniversary-of-the-endangered-species-act-2023/

https://apnews.com/article/prairie-chicken-longeared-bat-endangered-species-f217ab4fb07951bc5613c1c7e486809a

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