Management & Regulation

November 19, 2025 — The following was released by NOAA Fisheries:

NOAA’s National Marine Fisheries Service and the Department of the Interior’s U.S. Fish and Wildlife Service today announced four proposed rules to restore Endangered Species Act regulations to their proven 2019 and 2020 framework. The actions advance President Donald J. Trump’s directives to strengthen American energy independence, improve regulatory predictability and ensure federal actions align with the best reading of the law.

The proposals, two of which were issued in coordination with NOAA Fisheries would revise Biden administration regulations finalized in 2024 that expanded federal reach, created unnecessary complexity and departed from the statute’s clear language. These actions implement Executive Orders 14154, “Unleashing American Energy,” and 14219, “Department of Government Efficiency,” along with Secretary’s Order 3418, which direct agencies to remove regulatory barriers that hinder responsible resource development and economic growth while maintaining core conservation commitments.

The four proposed rules are:

• Listing and critical habitat (50 CFR part 424):

The agencies jointly propose to restore the 2019 regulatory text governing listing, delisting and critical habitat determinations. The proposal ensures decisions are based on the best scientific and commercial data available while allowing transparent consideration of economic impacts. It reestablishes the longstanding two-step process for designating unoccupied habitat, restores clarity to the definition of “foreseeable future” and reinstates flexibility to determine when designating critical habitat is not prudent.

• Interagency cooperation (50 CFR part 402):

The agencies jointly propose to return to the 2019 consultation framework by reinstating definitions of “effects of the action” and “environmental baseline,” removing the 2024 “offset” provisions and restoring section 7 procedures consistent with the statutory text. These changes respond directly to the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, which overturned the Chevron deference standard and reaffirmed that agencies must adhere strictly to the law as written.

• Threatened species protections (50 CFR part 17; section 4(d)): 

The Fish and Wildlife Service proposes to eliminate the “blanket rule” option and require species-specific 4(d) rules tailored to each threatened species. This approach reflects the single best reading of the statute under Loper Bright and ensures that protections are necessary and advisable to conserve each species without imposing unnecessary restrictions on others. It also aligns service policy with NOAA Fisheries’ longstanding species-specific approach.

• Critical habitat exclusions (50 CFR part 17; section 4(b)(2)):

The Fish and Wildlife Service proposes to reinstate its 2020 rule clarifying how economic, national security and other relevant impacts are weighed when determining whether to exclude areas from critical habitat. The revised framework provides transparency and predictability for landowners and project proponents while maintaining the service’s authority to ensure that exclusions will not result in species extinction.

The 2024 regulatory packages had reimposed provisions previously deemed inconsistent with the ESA’s statutory text. The Administration’s proposed rules would replace those provisions with standards that reflect decades of implementation experience, consistent judicial precedent and the Supreme Court’s reaffirmation that agencies must follow the law as written.

The proposed rules will be published in the Federal Register and will be available for public inspection on November 19 at https://www.federalregister.gov/public-inspection/current.

The public is encouraged to submit comments during the 30-day comment period beginning November 21 at https://www.regulations.gov by searching the following docket numbers:

• FWS–HQ–ES–2025–0039 (Section 4)
• FWS–HQ–ES–2025–0044 (Section 7)
• FWS–HQ–ES–2025–0029 (Section 4(d))
• FWS–HQ–ES–2025–0048 (Section 4(b)(2))