New ESA Regulations—Update on Timing
In a recent filing, the U.S. Fish and Wildlife Service (“FWS”) and the National Marine Fisheries Service (collectively, “the Services”) provided an updated timeline for their anticipated rulemakings under the Endangered Species Act (“ESA”). These rulemakings will amend the Trump administration’s regulatory changes under the ESA.
ESA Section 4 Rule
ESA Section 4 provides for listing species as threatened or endangered under the ESA, designating critical habitat for listed species, and adopting recovery plans for listed species. The Services plan to publish their proposed rulemaking to implement ESA Section 4 in the Federal Register by January 27, 2022, and to publish their final rulemaking by December 2, 2022.
ESA Section 7 Rule
ESA Section 7 establishes the consultation process for federal agencies. The consultation process ensures that certain actions by federal agencies will neither jeopardize the continued existence of any listed species nor destroy or adversely modify designated critical habitat. The Services plan to publish their proposed rulemaking to implement ESA Section 7 in the Federal Register by January 27, 2022, and to publish their final rulemaking by December 2, 2022.
FWS Blanket 4(d) Rule
ESA Section 4(d) directs the Services to adopt protective regulations necessary and advisable to conserve listed species as threatened. In 2019, the Trump administration withdrew FWS’s blanket 4(d) rule that extended protective regulations to each threatened species. FWS plans to publish its proposed rulemaking to restore its blanket 4(d) rule by April 25, 2022, and to publish the final rulemaking by January 27, 2023.
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If you have any questions about these rulemakings, pending litigation, or other ESA matters, please contact Good Steward Legal at insights@goodstewardlegal.com.
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