Sponsors
The bill increases transparency and formalizes state and local input into ESA decisions and litigation reporting—improving oversight and predictability—at the cost of greater agency administrative burdens, privacy and commercial-confidentiality risks, and potential delays or weakened protections for species as well as reduced fee recoveries that could discourage enforcement suits.
Researchers, conservationists, and the public gain routine online access to the scientific and commercial data underlying ESA rules and determinations, increasing transparency and ability to scrutinize agency decisions.
State, Tribal, and local governments (and their monitoring programs) are formally included in the set of 'best scientific and commercial data available' and must receive the data that form the basis of proposed ESA determinations before the Secretary acts, increasing their input and the use of local ecological knowledge in decisions.
Taxpayers, local governments, tribes, and companies gain clearer visibility into federal spending on ESA litigation through an annual report and monthly searchable database that disaggregates expenditures and FTEs, improving budget oversight and permitting/planning information.
Companies and other data providers (including small businesses and utilities) risk disclosure of confidential commercial information and legal strategy when underlying datasets and settlement details are published, which could cause competitive or commercial harm.
Broad online disclosure requirements risk exposing personally identifiable information or sensitive party funding details unless state-law or other exemptions fully shield them, creating privacy harms and chilling participation in litigation or data sharing.
Agencies will face substantial new administrative burdens and costs to compile, review, redact, publish, and maintain large datasets and monthly litigation databases, and to evaluate increased data submissions — diverting staff time and budget and potentially delaying other program activities.
Based on analysis of 5 sections of legislative text.
Requires public posting of data behind ESA decisions, adds State/Tribal/county data to the 'best available' standard, mandates public litigation-cost reporting, and limits fee awards to EAJA/5 U.S.C. §504.
Introduced January 3, 2025 by Tom McClintock · Last progress January 3, 2025
Requires the Department of the Interior to publish online the scientific and commercial data used for Endangered Species Act (ESA) regulations and proposals, while allowing narrow state-law and national security exceptions. It adds State, Tribal, and county submissions to the statutory definition of the “best scientific and commercial data available,” forces agencies to share supporting data with affected States before listing decisions, creates a publicly searchable, monthly-updated database and annual report of federal spending on ESA lawsuits, and limits awards of attorneys’ fees and other litigation costs under the ESA to the procedures in the Equal Access to Justice Act and 5 U.S.C. §504. The bill sets short timelines for a DoD nondisclosure agreement, requires covered agencies to provide detailed litigation-cost data for public reporting, and clarifies how fee awards are calculated, but it does not appropriate new funds or create new substantive conservation programs.