Too many procedural obstacles impede infrastructure projects and vital land management practices.
Among the many bills sprouting up in Congress promising to fix a broken permitting system, the Endangered Species Act (ESA) Amendments Act of 2025—which aims to simplify and strengthen species conservation—is making its way through the House. ESA modernization is imperative.
Enacted in 1973, the ESA establishes protections for fish, wildlife, and plants that are listed as threatened or endangered. However, over the years the statute has encountered abuseranging from litigation and emergency listings to misclassifications and refusals to delist. Such misuse has stonewalled countless land activities, harming both public and private enterprises.
In a ConservAmerica study released earlier this year, analysis over the last two decades found that ESA-related challenges “routinely doubled or tripled project budgets” and resulted in tens of billions in economic losses. Approximately 40 percent of projects were cancelled or delayed indefinitely; the organization concluded ESA to be the leading cause of project derailment.
Project obstruction is only part of the problem.
Kristen Walker is Senior Policy Analyst and Manager for Energy and Transportation with the American Consumer Institute, a nonprofit education and research organization. Follow ACI on X @ConsumerPal.