Revised Endangered Species Act Regulations On The Horizon

The Trump administration recently announced four proposed rules that would modify the implementation of the Endangered Species Act (ESA). Many of these proposed rules would reinstate regulations from the first Trump administration that were subsequently rescinded by the Biden administration in 2024. Two of these rules were issued jointly by the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS), sometimes referred to collectively as the "Services," while the other two were issued solely by the USFWS. Below is a summary of the key changes under consideration.

1. Listing Endangered and Threatened Species and Designating Critical Habitat

The proposed rule pertaining to the listing of endangered and threatened species and designated critical habitat was jointly issued by the Services. To receive protection under the ESA, species must first be listed as either an endangered or threatened species. "Threatened species" are those