News & Analysis as of

Critical Habitat

Wenning Environmental

USFWS December Review of Refuges, Monuments, and Hatcheries

Wenning Environmental on

U.S. Fish and Wildlife Service (USFWS) Director Brian Nesvik ordered a comprehensive, so-called top-to-bottom review on December 16, 2025, of the nation’s federal wildlife refuges and fish hatcheries....more

Hanson Bridgett

Latest Endangered Species Act Regulations Change Course, Yet Again

Hanson Bridgett on

The U.S. Fish & Wildlife Service and National Marine Fisheries Service proposed four rules on November 19, 2025, significantly changing how agencies apply the Endangered Species Act....more

Nossaman LLP

ESA Regulations: Critical Habitat Exclusion Analysis

Nossaman LLP on

On November 21, 2025, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (collectively, the Services) published several proposed rules to revise their regulations implementing certain provisions of the...more

Nossaman LLP

ESA Regulations: Listing and Critical Habitat

Nossaman LLP on

On November 21, 2025, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (collectively, the Services) published several proposed rules to revise their regulations implementing certain provisions of the...more

Allen Matkins

Federal Agencies Propose Sweeping Revisions to Endangered Species Act Regulations, Largely Reinstating 2019–2020 Framework

Allen Matkins on

On November 19, 2025, the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services) released four proposed rules that would comprehensively revise key federal...more

Troutman Pepper Locke

Groundhog Day: Proposed Revisions to ESA Regulations (Mostly) Reinstate the 2019 Rules

Troutman Pepper Locke on

The U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services) proposed revisions to the Endangered Species Act (ESA) regulations that, if finalized, will generally...more

Holland & Knight LLP

Reversing Course for Endangered Species Act: Administration Proposes ESA Regulatory Amendments

Holland & Knight LLP on

The U.S. Fish and Wildlife Service (FWS) published four proposed rules in the Federal Register on Nov. 21, 2025 – two of which are jointly proposed by the National Marine Fisheries Service (NMFS) – that aim to restore much of...more

Bracewell LLP

FWS and NMFS Unveil New Proposed Revisions to Endangered Species Act Regulations

Bracewell LLP on

Amid ongoing political shifts and court challenges over the last several years, different administrations have promulgated multiple revisions to the Endangered Species Act’s (ESA) core implementing regulations governing ESA...more

Allen Matkins

California Environmental Law & Policy Update 8.22.25

Allen Matkins on

The California Fish and Game Commission took final action to approve the Western Joshua Tree Conservation Plan at its August 13, 2025 meeting. The Conservation Plan sets forth management practices and guidelines for the...more

Orrick, Herrington & Sutcliffe LLP

The Department of the Interior Establishes New Review Procedures for Wind and Solar Energy Projects

On July 15, 2025, the Office of the Secretary of the Department of the Interior (the “Department”) issued a memorandum—“Departmental Review Procedures for Decisions, Actions, Consultations, and Other Undertakings Related to...more

Wenning Environmental

Rescinding U.S. Roadless Rule Reignites Centuries-old Debate About State Rights And Environmental Protections On Public Lands

Wenning Environmental on

U.S. Department of Agriculture (USDA) Secretary Brooke Rollins’ announcement at a Western Governors Association meeting in June 2025 to rescind the 2001 Roadless Area Conservation Rule, commonly known as the Roadless Rule, is...more

Troutman Pepper Locke

Déjà vu? FWS Solicits Feedback to Update Section 10(a) of the ESA

Troutman Pepper Locke on

On Monday, June 9, the U.S. Fish and Wildlife Service (FWS) opened a short, 30-day public comment period soliciting information and comments to, “improve the overall efficiency and effectiveness” of Section 10(a) take...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Definition of Harm/Endangered Species Act: EarthJustice Comments Addressing U.S. Fish and Wildlife Service Proposed Rule

The environmental organization Earthjustice submitted May 19th comments to the United States Fish and Wildlife Service and National Marine Fishery Service (collectively, “Services”) addressing their proposed rescission of the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Habitat Conservation Plans Under the Endangered Species Act: Defenders of Wildlife Publishes a Three-Decade Analysis

The Defenders of Wildlife’s Center for Conservation Innovation announced the publication of a paper titled: Habitat conservation plans under the endangered species act: A comprehensive three-decade analysis (“Paper”)....more

Holland & Knight LLP

"Harm" Redefined: "Habitat Modification" Could Be Cut from Endangered Species Act Regulations

Holland & Knight LLP on

The U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) propose rescinding the regulatory definition of "harm" under the Endangered Species Act (ESA) that currently includes habitat modification,...more

Allen Matkins

California Environmental Law & Policy Update 4.18.25

Allen Matkins on

The Trump administration is moving to effectively eliminate a crucial protection in the half-century-old federal Endangered Species Act by redefining a single word: harm. A proposed rule, issued this Wednesday from the U.S....more

Brownstein Hyatt Farber Schreck

U.S. Fish and Wildlife Service Proposes to List Monarch Butterflies as a Threatened Species

After years on hold, the U.S. Fish and Wildlife Service (“USFWS”) is moving forward with a proposed rule to list monarch butterflies as threatened under the Endangered Species Act (“ESA”). On Dec. 12, 2024, USFWS published...more

Venable LLP

How the Congressional Review Act May Shape Environmental Rulemaking and Guidance

Venable LLP on

Now that the 119th Congress has been sworn in, attention turns to how the Republican-controlled House, Senate, and White House will use the Congressional Review Act (CRA). The CRA creates a review period in which Congress can...more

ArentFox Schiff

Iconic Monarch Butterfly Designated for Possible Endangered Species Act Protection: Potential Impacts on Agriculture

ArentFox Schiff on

On December 12, the US Fish and Wildlife Service (FWS) issued a proposed rule to list the monarch butterfly as a threatened species under the Endangered Species Act of 1973 (ESA). Endangered and Threatened Wildlife and...more

Vorys, Sater, Seymour and Pease LLP

USFWS lists Monarch Butterfly as Threatened under Endangered Species Act

On December 12, 2024, the U.S. Fish and Wildlife Service (USFWS) proposed listing the monarch butterfly as threatened under the Endangered Species Act (ESA). This proposal includes a 4(d) rule offering species-specific...more

Faegre Drinker Biddle & Reath LLP

Butterfly Nets and Business Bets: How Proposed Protections for Monarchs Could Snare Agribusiness, Renewables and Development

On December 12, 2024, the U.S. Fish and Wildlife Service (USFWS) published its proposal in the Federal Register to list the Monarch Butterfly (Danaus plexippus) as a threatened species under the Endangered Species Act (ESA)....more

Allen Matkins

Draft Joshua Tree Conservation Plan Released for Public Comment

Allen Matkins on

On December 12, 2024, the California Department of Fish and Wildlife (CDFW) released its draft Western Joshua Tree Conservation Plan (Draft Conservation Plan) to the California Fish and Game Commission (Commission), as...more

Stoel Rives - Environmental Law Blog

U.S Fish and Wildlife Service Proposes to List the Monarch Butterfly as Threatened, Seeks Comments on Developing a Final Rule

On December 12, 2024, the U.S. Fish and Wildlife Service (the “Service”) published notice in the Federal Register of a proposed rule to list the monarch butterfly as a threatened species under the Endangered Species Act...more

Beveridge & Diamond PC

The Butterfly Effect: FWS Proposes Nationwide Threatened Species Listing for Monarch Butterfly

Beveridge & Diamond PC on

On December 12, 2024, the U.S. Fish and Wildlife Service (FWS) proposed listing the monarch butterfly as a threatened species with a special section 4(d) rule under the Endangered Species Act (ESA). The special 4(d) rule...more

Allen Matkins

Endangered Species Protections Proposed for Monarch Butterfly

Allen Matkins on

On December 10, 2024, the U.S. Fish and Wildlife Service (USFWS) proposed to list the monarch butterfly (Danaus plexippus) as threatened under the federal Endangered Species Act (ESA). A proposed critical habitat designation...more

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