Endangered Species Act Regulation Revisions
On March 28, 2024, the U.S. Department of the Interior Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Administration National Marine Fisheries Service (NMFS) finalized three rules that increase Endangered Species Act (ESA) protections for plants and animals. The rules, which had been rescinded or changed under the Trump administration, focus on increasing protections for threatened species under the 4(d) blanket rule, increasing the processes for listing species, restoring habitat protections and designating of critical habitat, and increasing cooperation with other federal agencies. The services received approximately 468,000 public comments collectively across the three rules.
Agencies Rescind Trump-Era Definition of “Habitat” Under Endangered Species Act
On Friday, June 24, the U.S. Fish and Wildlife Service and National Marine Fisheries Service issued a final rule rescinding the agencies’ regulatory definition of “habitat” previously promulgated by the Trump administration on December 16, 2020, for use in determining a “critical habitat” under the Endangered Species Act (Act). Under this prior definition, “habitat” included “the abiotic and biotic setting that currently or periodically contains the resources and conditions necessary to support one or more life processes of a species.” (more…)
