Government Issues Final Rule On Economic Impact Analyses For Endangered Species Act Habitat Designations

Lawrence Liebsman is a Partner in our Washington office.

Melanie Sengupta is an Associate in our San Francisco office.

Incremental Approach Could Spark Land Use Controversies

Because of its huge impact on land use, the designation of critical habitat is one of the most controversial and heavily litigated areas of the Endangered Species Act (ESA), as seen with the designation of millions of acres to protect the habitat of the spotted owl, the California Fairy Shrimp and the piping plover. While the ESA explicitly prohibits consideration of economic impacts when determining whether to list a species, it requires consideration of the economic impacts when designating critical habitat.