Ensuring Meaningful Petition Outreach While Enhancing Rights of States Act of 2018 or the EMPOWERS Act of 2018
This bill amends the Endangered Species Act of 1973 to revise the process for listing, delisting, or reclassifying a species under the Act. Before submitting to the Department of the Interior or the Department of Commerce, as appropriate, a petition to list a species as a threatened or endangered species, the petitioner must notify each county and state in which the species is located of the intent to submit a petition. Upon finding that the petition may be warranted, the appropriate department must solicit advice from each county and state in which the species is located.
If a state or county advises that the listing is not warranted, then the appropriate department may not proceed with the listing unless the department demonstrates that the information submitted in support of the advice is incorrect and that the listing is warranted.
The bill expands requirements regarding providing notice of a proposed regulation that determines whether a species is endangered or threatened, including by requiring the appropriate department to provide notice to each person who requests a notice.
The appropriate department must justify a final regulation that conflicts with the advice of a state or county.