Unified Agenda Foretells Species Listings, Critical Habitat Designations for Texas

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On December 6, the Biden Administration released the Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), which lists the regulatory and deregulatory actions the various federal administrative agencies—including the U.S. Fish and Wildlife Service (Service)—plan to take in the near future. The Office of Information and Regulatory Affairs publishes an updated Unified Agenda twice a year, in the spring and fall. There are numerous entries in the Unified Agenda addressing future action by the Service to list species as threatened or endangered, to propose species listings, and to propose or finalize critical habitat designations under the Endangered Species Act (ESA). Many of these anticipated actions will affect landowners and project proponents in the State of Texas. Following is a list of potential ESA-related actions by the Service that may be of particular interest to project proponents in Texas. For the full list of anticipated Service actions, please refer to the Unified Agenda.

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.

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