October 27, 2021 — The Biden administration today moved to rescind Trump administration policies that crimped the designation of critical habitat to protect threatened or endangered species.
In a pair of long-anticipated moves, the Fish and Wildlife Service and NOAA Fisheries proposed getting rid of a Trump-era definition of critical habitat under the Endangered Species Act. FWS is also proposing to end a policy that made it easier to exclude territory.
Taken together, the two proposed rule changes could significantly alter the much-litigated ESA landscape and, supporters say, enhance conservation and recovery of vulnerable animals or plants.
They will also revive the debate over practical consequences and regulatory nuts and bolts that have shadowed the ESA since the day it became law in 1973 (Greenwire, Oct. 19).
“The Endangered Species Act is one of the most important conservation tools in America and provides a safety net for species that are at risk of going extinct,” said Assistant Interior Secretary for Fish and Wildlife and Parks Shannon Estenoz.
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