Defending the Endangered Species Act in front of Congress, and other character building life experiences

Earlier this month, as I sat in a Senate hearing room waiting to be the sole conservation community witness testifying against eight destructive anti-Endangered Species Act (ESA) bills, I had the image flash before my eyes of the goat tied to the stake in the movie Jurassic Park. I was on the second panel of witnesses for the hearing and had just watched the Director of the Fish and Wildlife Service (who was defending his agency’s proposed budget) be turned into a Piñata by some of the Republican members of the Senate Committee. Since my testimony against the eight anti-ESA bills before the Committee pulled no punches and used mildly descriptive terms like “legislative wrecking balls” in characterizing the bills’ likely effects, I assumed that my treatment would be no less dramatic than if I were standing on top of a barn waiving golf clubs during a lightning storm. So I found myself contemplating what would be my preferred fate: piñata or tasty goat?

Testifying before Congress – especially a Congress that has already set a land speed record for being the most anti-environmental legislative body in 40 years – is an inherently stressful experience. That is especially the case if you are the lone conservation community witness, for you are not only representing your own organization – in my case Defenders of Wildlife – but also all of the other conservation organizations that share your goal of defending the ESA, this nation’s most important wildlife conservation law. And Congressional hearings matter. They are usually the first important step to enact legislation: Bills get introduced, they are analyzed and discussed at subsequent hearings, and then the voting and horse trading begins.

The sage-grouse is one of several species whose recovery is being put at risk by this Congress.

In just the first few months of this Congress, more than 50 anti-ESA legislative proposals have been circulated or introduced. And despite their attractive and deceptive sounding titles, not a single one of those bills would enhance the conservation and recovery of imperiled and listed species – not one. This was particularly true with regards to the eight anti-ESA bills that were the focus of the senate hearing I attended. Some of the bills targeted the ability of private citizens and conservation organizations to hold the government accountable and enforce the ESA in federal court. A couple of bills tried to inject economics into the biological decision-making process for listing species, and another proposed sweeping changes to the concept of “best available science” that has long been the bedrock of the ESA. One bill would block the listing of the Greater sage-grouse, and another one targeted the northern long-eared bat.

And then there was the bill sponsored by Senator Rand Paul. It would throw every endangered species off the ESA species list within 5 years regardless of whether they were recovered or not. Whooping cranes? Manatees? California Condors? California sea otters? Beat it! You’re all out of here! It would also prevent any new species from being listed under the ESA without a Joint Resolution of Congress and the endorsement of every governor of every affected state. The future listing of walrus or wolverines under Senator Paul’s bill? As Tony Soprano would say, “Forget about it!”

Under Senator Rand Paul’s bill, species like the sea otter would be stripped of ESA protection after five years, recovered or not.

That’s a lot to be at stake in one Congressional hearing, especially as the lone voice of conservation organizations. Fortunately for me, the normal fear and intimidation that comes along with being a Congressional witness disappeared a long time ago. In the mid-1980’s and early ‘90’s, I worked on the Hill for the Chairman of a House Committee, and logged in way more hours sitting through Congressional hearings than I care to acknowledge. During that time, I had a chance to observe why some witnesses were much more effective than others. I also spent eight years as a political appointee during the Clinton administration, spending many character-building, delightful hours tied to various Congressional hearing whipping posts. The phrase “what doesn’t kill you only makes you stronger” kept racing through my mind at those hearings.

• Based upon my own near-death experiences testifying before House or Senate Committees, here are a few secrets for survival as an environmental witness before this decidedly anti-environmental Congress:
• Accept the fact that it will never be a fair fight. You are an outsider on their turf. You will not get the last word in so don’t even try.
• Don’t cling to your written statement like a life preserver and nervously read it page by page into the hearing record. The most impressive witnesses ask for permission to formally submit their written testimony for the record and then give an oral summary of their testimony, working off of bulleted talking points and notes. This sends a subtle warning signal to the members of the Committee that you know your stuff.
• Stay calm and don’t become emotional or rise to the bait, even when you are under personal attack. Some members enjoy playing school yard bully – it plays well with their political base back home and you are fresh meat.
• Try to become Zen-like and let the abuse roll right over you. Don’t take it personally for the “you” they are describing is not really you. You, after all, have a secret weapon – the odds are high that you know way more about the issues at hand than they do.

Now having shared these secrets for Congressional witness survival, I have to confess that at this particular hearing, I ended up being neither the Jurassic Park goat nor a piñata. First off, there were strong defenders of the ESA among the Democratic senators attending the hearing. Senators Barbara Boxer and Cory Booker in particular were passionate and articulate in supporting the law and opposing destructive anti-ESA proposals. Secondly, although I strongly disagreed with the recommendations of the other two witnesses on my panel, on a personal level they were polite and respectful, and refrained from sending a mob of angry senators in my direction.

The late Congressman Morris Udall once said that “the most exhilarating feeling in life is to be shot at and missed.” The same could be said for walking away unscathed as an environmental witness before this Congress. My goal for the hearing had been quite simple: I wanted to strongly defend the Endangered Species Act, the most important federal law protecting imperiled wildlife. And to avoid saying anything stupid. Anything beyond that was pure gravy.