The Endangered Species Act at Risk

March 25, 2025

After fifty years the ESA is at risk of extinction, threatening to take along sea otters, whales and sharks with it. Learn more and contact your congressman.

For decades the US Endangered Species Act (ESA) has stood as one of the most powerful tools in the U.S. legal system for defending species from extinction. Currently the Trump administration and the US Congress are aiming to strip back protection to make it easier for industry and development to proceed in areas where endangered species live, or allowing practices that could kill or place endangered species. Rolling back habitat protection, weakening consultation, or freezing regulatory improvements will not just harm obscure species, it threatens whales, sea turtles, sea otters, and the health of ecosystems we all depend on.

We are at a crossroads. If enough people speak up now, by writing to Congress, submitting comments, and increasing public scrutiny, we can help ensure that the ESA remains a living, effective law instead of a hollow shell.

ESA Success Stories: What the Law Has Delivered

To understand what’s at risk, it helps to look at species that have benefitted under the ESA. Below are illustrative examples.

Humpback Whales

The ESA has played a key role in the recovery trajectory of many humpback whale populations. NOAA divides humpbacks into distinct population segments (DPS), and in a 2016 review concluded that 9 out of 14 DPS no longer warrant listing under the ESA due to population growth, while the remaining five continue to need protection.

• The West Indies DPS is estimated to grow around 3.1% annually.
• The East Australia DPS showed growth near 11% in some years.
• While not all humpbacks are delisted, the ESA allows resources to be concentrated on the more vulnerable segments.

Even after certain DPS are delisted under the ESA, these whales remain protected under the Marine Mammal Protection Act (MMPA), so full protection is not entirely lost.

Gray Whales

One of the earliest and most celebrated successes was the Eastern North Pacific gray whale population, whose recovery led to its delisting in 1994. At that time, the population was around 26,635 individuals and had been growing at around 2.5% per year over decades.

The ESA provided legal backing to ensure the protections continued. The importance is highlighted by the recent loss of nearly half the population since 2015 due to starvation and possibly habitat losses and shifts from climate change.

Sea Turtles

Sea turtles have been deeply impacted by habitat loss, bycatch, and pollution. Under the ESA and related protections, key nesting beaches have been safeguarded, fisheries bycatch rules have improved, and restoration efforts have been funded.

• As part of the Deepwater Horizon oil spill cleanup, the U.S. government assessed and quantified injury to multiple life stages of sea turtles (loggerhead, Kemp’s ridley, green, hawksbill). Thousands of adult/juvenile sea turtles were estimated killed, and tens of thousands of small juveniles were impacted. 
• In response, restoration funding (e.g. $210 million approved in June 2025) allocates projects to help sea turtle recovery from habitat protection, vessel-strike reduction, and stranding response improvements.

These recovery efforts underscore how law, funding and restoration can mitigate severe injuries from disasters, if the legal framework remains robust.

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Call to Action: How You Can Help Protect the ESA

The decisions made now could determine whether the ESA remains a strong shield for species-or if it is gutted into ineffectiveness. Here’s how you can make your voice heard.

Step 1: Identify your Congressional representatives

• You can find your U.S. House Representative and U.S. Senators by entering your zip code (or address) at Congress.gov or on sites like whoismyrepresentative.com.

Step 2: Draft a letter or email (or call) — use this template & tips

Below is a sample you can tailor:

Subject: Please oppose ESA rollbacks & defend habitat protections

Dear [Representative / Senator NAME],

I am writing as your constituent to express strong opposition to current proposals that would weaken the Endangered Species Act, including redefinition of “harm” to exclude habitat degradation and congressional efforts to freeze or block ESA rulemaking.

The ESA has saved species like humpback whales, gray whales, sea turtles, and sea otters by safeguarding their habitat and requiring strict consultation and evaluation of threats. Weakening these protections would open the door to unchecked habitat destruction and put vulnerable species at grave risk.

I urge you to:

1. Oppose or vote against bills that undermine ESA protections (e.g. S. 2811 or any versions of the ESA Amendments weakening law).
2. Support efforts to strengthen and modernize the ESA rulemaking process, not freeze it.
3. Speak publicly in favor of robust habitat protections, strong consultation triggers, and full scientific integrity in ESA decisions.

Thank you for representing our district. I hope you will act to defend America’s wildlife legacy.

Sincerely,
[Your Name & Contact / Address (optional, but helpful)]

Tips:

• Be civil but firm.
• Include specific concerns (e.g. “excluding habitat from ‘harm’ will let developers clear critical habitat without oversight”).
• If you know species in your region (e.g. sea otters if you live in California), mention that.
• Ask for a response or confirmation of their position.
• If possible, send both email and postal letter (they are weighted differently by staff). Also call their office.

Step 3: Submit public comments on proposed rules

For the 2025 proposal to rescind the definition of “harm,” public comments are (or were) accepted via Regulations.gov (Docket FWS‑HQ‑ES‑2025‑0034). Even after comment periods close, agencies sometimes reopen or incorporate feedback.

When you comment:

• Reference the docket number.
• Explain in your own words how habitat protections are essential based on science or local examples.
• Cite species you care about.
• Ask the agency to retain the existing regulatory definition (i.e., that “harm” includes habitat degradation).

Step 4: Spread awareness & build pressure

• Share the blog or your version on social media, local newsletters, or community groups.
• Urge others to contact their representatives.
• Work with or support conservation NGOs (e.g. Center for Biological Diversity, Defenders of Wildlife, Endangered Species Coalition) that are tracking these issues.
• Monitor when your representative is on relevant committees (e.g. House Natural Resources, Senate Environment & Public Works) and weigh in during hearings.