Basically, conservationists unanimously opposed the no surprises policy while development interests supported it. Both services issued a final rule codifying the no surprises approach as a matter of federal regulatory policy on Feb. 23, 1998. Under the rule, if unforeseen circumstances arise to the detriment of a species following the issuance of an ITP, no further requirements or restrictions can be made even when such changes are necessary to avoid the extinction of the species. The no surprises assurances are not ecologically realistic or economically feasible. Congress has not appropriated the funding that is currently needed to acquire habitat for endangered plants and animals.
Extinction is forever.
Therefore, the no surprises assurances to logging, mining and land development interests in a complete reversal of the goal of the Endangered Species Act. Recipients should seek permission to reprint the article from the source listed above. Reading on line, downloading or other use of this information signifies acceptance of these conditions, and the Full Disclaimer.