14 Democratic AGs Urge Repeal of Trump-Era Wildlife Habitat Rules

Cozen O'Connor
Contact

Cozen O'Connor

  • A group of 14 Democratic AGs, led by California AG Rob Bonta, Maryland AG Brian Frosh, and Massachusetts AG Maura Healey, filed a comment letter with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service in support of rescinding two Trump administration rules that affect the designation of critical wildlife habitats and the definition of a wildlife habitat under the federal Endangered Species Act (“ESA”).
  • The letter notes that states have a significant interest in protecting wildlife resources, which they often hold in trust for their constituents, and argues that the federal government would fail to properly protect those resources as a result of Trump-era rules for habitat exclusion and for defining a habitat, imposing additional wildlife-protection burdens on states. The letter also argues that the process created by the habitat exclusion rule will result in a significant increase in areas excluded from critical habitat designations and their ESA protections, while the habitat definition rule defines “habitat” too narrowly and fails to account for conservation needs to ensure species recovery and survival as mandated by the ESA that may require the expansion of current habitats as well as habitat migration or restoration.
  • The letter further asserts that the rules violate the Administrative Procedures Act by not being properly considered and being arbitrary and capricious, and that they violate the National Environmental Protection Act by failing to consider and disclose their significant environmental impacts.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Cozen O'Connor | Attorney Advertising

Written by:

Cozen O'Connor
Contact
more
less

Cozen O'Connor on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.