News & Analysis as of

National Marine Fisheries Service

Hanson Bridgett

Latest Endangered Species Act Regulations Change Course, Yet Again

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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

Allen Matkins

California Environmental Law & Policy Update 12.12.25

Allen Matkins on

Federal wildlife officials on Monday denied listing the Western Coast Chinook salmon as threatened or endangered under the federal Endangered Species Act....more

Nossaman LLP

ESA Regulations: Critical Habitat Exclusion Analysis

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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

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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

Best Best & Krieger LLP

Federal Wildlife Agencies Propose ESA Changes Including Narrowing the Scope of Consultation

On November 21, 2025, the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) released four proposed rules revising implementation of the Endangered Species Act (ESA). Two proposed rules...more

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

Endangered Species Act: U.S. Fish and Wildlife Service/National Marine Fisheries Service Issue Four Proposed Rules

The United States Fish and Wildlife Service (“Service”) and National Marine Fisheries Service (“NMFS”) issued on November 19th four proposed Endangered Species Act (“ESA”) rules. To a great extent, the four proposed rules...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

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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

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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

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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

Perkins Coie

California Enacts Increased State Law Protections for Federally Listed Species

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California recently enacted Assembly Bill 1319, which provides increased state law protections for federally listed species that may be affected by rollbacks in the protections afforded under federal law. ...more

K&L Gates LLP

First-Ever Fisheries Subsidies Agreement Enters into Force at the World Trade Organization

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After more than 20 years of negotiations, the World Trade Organization’s (WTO) Agreement on Fisheries Subsidies (the Agreement) has now entered into force. The Agreement prohibits WTO member states from subsidizing various...more

K&L Gates LLP

Angling for New Ideas: NOAA Fisheries Seeks Public Comment on Boosting American Seafood Competitiveness

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Implementing President Trump’s Executive Order 14276 titled Restoring American Seafood Competitiveness, the National Marine Fisheries Service (NMFS) is soliciting public comments on how to improve fisheries management,...more

Williams Mullen

Agencies Propose Revision to the Endangered Species Act “Harm” Definition

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The U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (collectively referred to as the “Agencies”) proposed on April 17, 2025, to remove the definition of “harm” under their respective...more

Nossaman LLP

In Washington, DC, Progress Filling Key ESA Slots Continues

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On August 1, 2025, the Senate approved Brian Nesvik, President Trump’s nominee for Director of the U.S. Fish and Wildlife Service (Service). The Service shares responsibility for administering the Endangered Species Act of...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

Foley Hoag LLP - Environmental Law

Major Shift Proposed for Endangered Species Act Interpretation: Redefining “Harm”

On April 17, 2025, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) issued a proposed rule to rescind the regulatory definition of “harm” under the Endangered Species Act (ESA). This...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

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

Definition of Harm/Endangered Species Act: United States Fish and Wildlife Service Proposed Rule

The United States Fish and Wildlife Service and the National Marine Fisheries Service (collectively, “Service”) is proposing to rescind the regulatory definition of “harm” in the Endangered Species Act (“ESA”) regulations...more

Akin Gump Strauss Hauer & Feld LLP

Unleashing American Commercial Fishing in the Pacific (Trump EO Tracker)

Repeals the “Management of the Marine National Monument” section of Proclamation 9173 (Pacific Remote Islands Marine National Monument Expansion), which appropriated the Pacific Remote Islands Marine National Monument...more

Troutman Pepper Locke

No Harm, No Foul? Services Propose to Remove Harm Definition from Endangered Species Act Regulations

Troutman Pepper Locke on

On April 17, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (together Services) published a proposed rule to rescind the long-standing definition of “harm” under the Endangered Species...more

Jenner & Block

U.S. Fish and Wildlife Service Proposes Regulatory Change to Ease Endangered Species Act Restrictions

Jenner & Block on

On April 17, 2025, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service proposed a rulemaking to rescind the definition of “harm” in the Endangered Species Act regulations. The change is being made to...more

Beveridge & Diamond PC

FWS and NMFS to Rescind ESA “Harm” Definition

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Today, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (together, the Services) proposed rescinding the definition of “harm” under the Endangered Species Act (ESA). Harming a listed...more

Akin Gump Strauss Hauer & Feld LLP

Putting People Over Fish: Stopping Radical Environmentalism to Provide Water to Southern California

President Trump has directed the Secretary of Commerce and Secretary of the Interior, in consultation with the heads of other departments and agencies of the United States as necessary, to immediately restart the work from...more

Benesch

Post-Chevron Transportation & Logistics Regulatory Enforcement

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The United States Supreme Court recently brought to a close 40 years of “Chevron deference” and its guidance for legal interpretation of certain federal agency decision-making authority. In two instances, the United States...more

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