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The Trump Administration’s Proposed ESA Regulations

November 2018

Citation: 48 ELR 10953

Issue: 11

Author: Caitlin McCarthy, Ya-Wei (Jake) Li, Dave Owen, Holly Pearen, Steve Quarles, and Jonathan Wood

The U.S. Department of the Interior and the National Oceanic and Atmospheric Administration recently proposed comprehensive changes in how the Endangered Species Act (ESA) is implemented. These address the species listing process, critical habitat designations, and the §7 consultation process. If approved, these rules could have a significant impact on species conservation in the United States. On July 31, 2018, ELI hosted a webinar that highlighted reactions to the proposed changes. The panelists provided an advance look into the potential benefits and repercussions of applying the ESA under these proposed regulations. This article presents a transcript of the discussion, which has been edited for style, clarity, and space considerations.

Caitlin McCarthy is Director of the Associates Program at ELI. Ya-Wei (Jake) Li (moderator) is Director of Biodiversity at the Environmental Policy Innovation Center. Dave Owen is the Harry D. Sunderland Professor of Real Property Law at the University of California, Hastings College of the Law. Holly Pearen is a Senior Attorney at the Environmental Defense Fund. Steve Quarles is a Partner at Nossaman LLP. Jonathan Wood is an Attorney at Pacific Legal Foundation and a Research Fellow at the Property and Environment Research Center.

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