Because the Kempthorne bill would destroy any chance for property rights in the forseeable future, grassroots property rights activists have no choice but to focus the efforts against the bill. Grassroots activists oppose the bill because it would reauthorize the Endangered Species Act for another six years without requiring compensation of property owners when their land is regulated out from under them. Once reauthorized, any leverage for pressing for such protection will be gone for a minimum of six years.
Compensation is also essential for rare species.
Under the ESA, federal authorities have sweeping powers to regulate land they deem suitable habitat for rare species. Because such regulation can mean huge uncompensated property value losses, land owners have the incentive to make their land inhospitable to species. As a result, species and habitat are often destroyed. If the Senate passes the Kempthorne bill, environmentalists will once again accuse Republicans of working with big industry to undermine the nation's environmental laws. This time, they might be right.