Reversing Course For Endangered Species Act: Administration Proposes ESA Regulatory Amendments

Highlights

• The U.S. Fish and Wildlife Service and National Marine Fisheries Service published four proposed rules in the Federal Register on Nov. 21, 2025, that aim to restore the Endangered Species Act (ESA) regulations promulgated during the first Trump Administration.
• The proposed rules demonstrate how the U.S. Supreme Court's decision in Loper Bright can be applied to justify regulatory changes for consistency with the original intent of the statutory text.
• If finalized, the changes would prospectively affect listing and critical habitat determinations, the Section 7 consultation framework, threatened species protections and critical habitat exclusions under the ESA.