ESA regulations
87 FR 37757
06/24/2022
Update Type
Final Rules

FWS and NMFS rescinded the final rule titled “Regulations for Listing Endangered and Threatened Species and Designating Critical Habitat” that was published in December 2016; the recession removes the regulatory definition of "habitat" established by the rule. 

Volume
52
Issue
8
Update Volume
52
Update Issue
18
85 FR 47333
08/05/2020
Update Type
Proposed Rules

FWS and NMFS proposed to add a definition of “habitat” to regulations that implement §4 of the ESA; the proposal is intended to address the U.S. Supreme Court’s decision in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, 48 ELR 20196, that an area must logically be “habitat” in order for that area to meet the narrower category of “critical habitat” as defined in the Act.

Volume
50
Issue
10
Update Volume
50
Update Issue
24
2019 Endangered Species Act Regulatory Revisions
Author
Jake Li, Peg Romanik, Greg Sheehan, Ramona McGee, Anna Seidman, and Jonathan Wood
Author Bios (long)

Ya-Wei (Jake) Li (moderator) is Director for Biodiversity at the Environmental Policy Innovation Center. Ramona McGee is a Staff Attorney at the Southern Environmental Law Center. Peg Romanik is the Associate Solicitor, Division of Parks and Wildlife, in the Office of the Solicitor of the U.S. Department of the Interior. Anna Seidman is Director of Legal Advocacy and International Affairs at Safari Club International. Greg Sheehan is Vice President of Asset Management at Blue Diamond Capital and former Principal Deputy Director at the U.S. Fish and Wildlife Service. Jonathan Wood is a Research Fellow at the Property and Environment Research Center and a Senior Attorney at Pacific Legal Foundation.

Date
November 2019
Volume
49
Issue
11
Page
10989
Type
Dialogue
Summary

The U.S. Department of the Interior and National Oceanic and Atmospheric Administration recently finalized comprehensive changes in how the Endangered Species Act (ESA) is implemented. These changes address the species listing process, critical habitat designations, protections for threatened species, and the §7 consultation process. On August 23, 2019, the Environmental Law Institute hosted an expert panel that highlighted reactions to the changes and explored how they will be implemented, whom they will affect, their impact on state and local agencies, and how they will impact species conservation. This Dialogue is a transcript of the discussion, which has been edited for style, clarity, and space considerations.

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