Approved by the Energy, Environment, and Water Policy Committee on November 18, 2025 
Approved by the Public Policy and Practice Committee on March 20, 2026
Adopted by the Board of Direction on July 21, 2026

Policy

The American Society of Civil Engineers (ASCE) recommends the maintenance and support of the Endangered Species Act of 1973 (ESA) by:

  • Requiring that identification and listing of critical habitats be based on current science with the best available collection and testing of field data.
  • Requiring that critical habitat decisions undergo independent peer review.
  • Allowing all interested parties to consult with the Department of the Interior to determine whether a proposed federal action will jeopardize a species.
  • Requiring that critical habitat designations rely on risk-based analyses that consider social and economic impacts.
  • Maintaining the use of incentives for conservation of species, including "no surprises" assurances and provisions for multi-species conservation plans as required under current federal regulations.
  • Requiring that mitigation through Habitat Conservation Plans be reasonable and prudent, fully funded, and related to the nature and extent of the impact.
  • Requiring the Department of the Interior to update the scientific basis of listing and recovery plans regularly to ensure that the newest, most pertinent science underpins species listing.
  • Requiring the Department of the Interior implement measures to delist species and applicable habitats in a reasonable time when new data and pertinent science demonstrate that recovery has been successful.
  • Providing funding sufficient to support science and research activities to appropriately identify at-risk species and mitigation techniques to avoid undue negative impacts to infrastructure projects.

Issue

The Endangered Species Act is intended to protect and conserve endangered and threatened species and their habitats. The ESA influences many infrastructure projects, sometimes causing modifications, delays, and/or additional costs. 

Section 4 of the ESA directs the Secretaries of Commerce and the Interior to list threatened and endangered species and to designate their critical habitats based on "the best scientific and commercial data available." Section 7 of the ESA prescribes the steps that federal agencies must take to ensure that their actions do not jeopardize endangered wildlife and flora. It provides that every federal agency consult with the Department of the Interior and the Department of Commerce to ensure that any action authorized, funded, or carried out by a federal agency is not likely to jeopardize the continued existence of any endangered or threatened species.

The decision to list a species as endangered or threatened is made without reference to the economic effects of that decision. Listing alone results in certain protections for the species, including a requirement that federal agencies "ensure that any action authorized, funded, or carried out by such agency is not likely to jeopardize the continued existence of any endangered species or threatened species." These protections may impose economic burdens that are not considered during listing.

In contrast to the listing decision, the agency may designate critical habitat only after considering the economic impact of the designation on any particular area. The agency has discretion to exclude any area from the designation if the agency determines "that the benefits of such exclusion outweigh the benefits of specifying such area as part of the critical habitat," unless exclusion would result in extinction of the species. This can be a delicate balancing act.

Rationale 

Civil engineers routinely plan, design, and construct large infrastructure projects. Often these projects have environmental impacts and sometimes involve critical habitat areas of threatened or endangered species. Civil engineers make many project decisions striking a balance between environmental and economic considerations. Environmental Stewardship is one of ASCE’s priority issues. 

ASCE Policy Statement 438 
First Approved in 1995