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ARTICLE · 19 AUGUST 2019

Changes To ESA Regulations: How Significant Are They?

The Fish and Wildlife Service and the National Oceanic and Atmospheric Administration have released final rules amending significant parts of the regulations implementing the Endangered Species Act.

United StatesEnvironment

How big an impact will the changes have? Well, there's no doubt that the supporters of the regulations hope that they will be substantial and the opponents are worried that they will be substantial, so we should probably assume that they will be substantial.

Commenters have flagged three particularly significant changes:

  • The agencies' determination to assess the economic impact of listing decisions.

The agencies repeatedly emphasize that they know that listing decisions must be made without reference to the economic impact of the decision and insist that nothing will change on that score. They claim that this is only an effort to improve transparency and provide information. Count me with the opponents on this one. The agencies doth protest too much. In a world where President Trump issued an executive order that essentially precludes agencies from adopting new regulations that impose new costs, without regard to the benefits that they provide, does anyone

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