FWS Proposes Uplisting Northern Long-Eared Bat To Endangered Status

Project development east of the Rocky Mountains may be about to become exponentially more difficult in light of a new proposal under the Endangered Species Act (ESA). On March 23, 2022, the U.S. Fish & Wildlife Service (FWS) issued a proposal to revise its threatened listing for the northern long-eared bat to a significantly more restrictive endangered listing. Many project developers know well that the potential presence of a listed bat species, even on privately owned lands, can idle project sites and jeopardize development budgets and schedules. But FWS's new proposed endangered listing for the northern long-eared bat could be a game changer for projects within the species' 37-state range that require cutting trees. What is more, the northern long-eared bat listing decision is likely a prelude to two other bat listing decisions that could further tie up projects nationwide. Comments on the northern long-eared bat proposal are due May 23, 2022.