Mountain State Times

The Senate Environment and Public Works (EPW) Committee convened today for a hearing titled, “The U.S. Fish and Wildlife Service’s (FWS) Proposed Fiscal Year 2025 Budget,” featuring FWS Director Martha Williams. Ranking Member Shelley Moore Capito (R-W.Va.) delivered the opening statement.

“Thank you Chairman Carper for holding today’s hearing,” Capito began. She welcomed Director Williams and expressed appreciation for her attendance to discuss the FWS budget for 2025.

Capito reiterated her concerns regarding delays in critical projects due to the consultation process under the Endangered Species Act, particularly affecting West Virginia. She noted that similar issues were raised in previous hearings and highlighted ongoing frustrations.

“Our state’s department of highways has faced delays on road and bridge projects,” Capito stated. She also mentioned delays faced by the state’s Department of Environmental Protection on active mining permits and remediation projects through the Abandoned Mine Land program.

Capito acknowledged efforts made by both staffs over two years but indicated only marginal improvements in communication and timeframes on consultations. She pointed out that agreements exist between the Field Office and various West Virginia agencies to fund staff positions, yet not all positions have been filled, leading to significant supplementation by outside groups.

State agencies in West Virginia continue to face challenges with detailed back-and-forth communications with the Field Office, sometimes concerning issues beyond the agency's jurisdiction or expertise. Capito cited an example where project details on mines dating back to the 1950s were required.

In May, the West Virginia Coal Association issued a notice of intent to sue the Service for violating the 2020 Biological Opinion related to Surface Mining Control and Reclamation Projects. The opinion outlines procedures meant to expedite reviews and resolve disputes effectively, which Capito claims are being disregarded by the Field Office.

Capito criticized a recently issued permitting template intended to expedite applications but requiring information exceeding what is necessary under the 2020 Biological Opinion. She noted that even simple projects like ventilation holes are delayed due to extensive historical analysis requirements.

West Virginia's Department of Environmental Protection has had to elevate some consultations as emergent to keep mines operational. Capito expressed concern over recent rollbacks of reforms implemented in 2019, which she believes complicate ESA implementation further.

Specifically, she mentioned reinstating the “blanket 4(d) rule,” ceasing consideration of economic impacts in species listing decisions, removing language limiting reviews to reasonably certain activities, and rescinding habitat definitions for critical habitat designations.

Capito supports Congressional Review Act resolutions led by Senators Lummis, Ricketts, and Sullivan aiming to overrule these regulatory actions by the Service. She concluded by expressing hope for finding solutions together with Director Williams’ team.

“With that, I yield back.”