Endangered Species Act (ESA) administration has seen significant shifts during the past decade, including changes to ESA implementing regulations, policies and guidance and a number of significant decisions by federal courts, including the U.S. Supreme Court. This post provides a brief overview of important recent developments and what we can expect in the near future.
Recent Developments in ESA Administration
Vacatur of Certain Consultation Regulations under ESA Section 7:
On March 30, 2026, the U.S. District Court for the Northern District of California vacated certain regulations issued by the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (collectively, Services) relating to interagency consultation. The court found that the regulations contradicted the language of the ESA or otherwise violated the Administrative Procedure Act (APA). Specifically, the court vacated three consultation-related provisions that were adopted by the Services in
