On July 20, 2021, the U.S. Fish and Wildlife Service issued a proposed rule to revise the designated critical habitat for the northern spotted owl under the Endangered Species Act.  86 Fed. Reg. 38,246.  FWS is proposing to withdraw the past presidential administration’s outgoing rule that would have excluded approximately 3.4 million acres of critical habitat for the owl and to reduce that exclusion by approximately 3.2 million acres to 200,000 acres.

If finalized, this revision of excluded acreage could have serious implications for active forest management needed to reduce the risk of wildfires.  Many, including industry and some environmental organizations, have expressed doubts that the proposed rule would provide any meaningful benefits to the recovery of the northern spotted owl.  Without the ability to implement proper and timely thinning activities on public lands no longer excluded from critical habitat, the proposed rule counterintuitively could have a negative impact on the conservation and recovery of the owl. Due to increased risk and spread of wildfires, the proposed rule also could have negative impacts on other protected species and human health.    

Comments on the proposed rule are due to FWS by September 20, 2021. 

A copy of the proposed rule is available here. If you have any questions, please contact us at insights@goodstewardlegal.com.

Good Steward Legal is a principles-based business law office dedicated to protecting and advancing its clients’ interests by providing them with cost-effective, high-quality legal service.