News & Analysis as of

Proposed Rules Rulemaking Process US Fish and Wildlife Service

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

Latham & Watkins LLP

Federal Agencies Take Steps to Narrow Application of Endangered Species Act and Migratory Bird Treaty Act

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The Trump administration changes course on regulatory interpretations relating to the scope of protections for endangered and threatened species and migratory birds. ...more

Jenner & Block

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

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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

Eversheds Sutherland (US) LLP

FWS and NOAA propose to narrow reach of Endangered Species Act

On April 17, 2025, the US Fish and Wildlife Service and the National Oceanic and Atmospheric Administration published a notice of proposed rulemaking to rescind the definition of “harm” under the Endangered Species Act...more

Nossaman LLP

U.S. Fish and Wildlife Service Proposes Revised Critical Habitat for the Sickle Darter

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On January 24, 2023, the U.S. Fish and Wildlife Service (Service) proposed to designate approximately 104 river miles as critical habitat for the sickle darter (Percina williamsi) under the Endangered Species Act (ESA). The...more

ArentFox Schiff

US Fish & Wildlife Service Hatches Rule to Ease Permitting for Energy Projects

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A new federal proposal may reduce the burden and costs for wind energy projects and power lines to ensure compliance with federal wildlife protections. Energy projects often require a wide array of federal, state, and local...more

Nossaman LLP

Service Proposes Critical Habitat Designation for Coastal DPS of Pacific Marten

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On October 25, the U.S. Fish and Wildlife Service (Service) published a proposed rule to designate critical habitat for the coastal distinct population segment (DPS) of Pacific marten (Martes caurina), also known as coastal...more

Nossaman LLP

FWS Proposes Removing Kanab Ambersnail from ESA Protection

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On January 6, 2020, the U.S. Fish and Wildlife Service (FWS) published a proposed rule in the Federal Register announcing the agency’s finding that the Kanab ambersnail (Oxyloma haydeni kanabensis) is no longer warranted for...more

Nossaman LLP

FWS Proposes Listing “Madtom” and “Waterdog”

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U.S. Fish and Wildlife Service (FWS) announced a proposal to list two intriguing North Carolina aquatic species under the Endangered Species Act (ESA). The FWS was spurred to act in part by a 2010 petition and subsequent...more

Nossaman LLP

Endangered Species Act Spring Round Up

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Over the last few weeks, besides proposing to remove the gray wolf (Canis lupus) from the List of Endangered and Threatened Species, the U.S. Fish and Wildlife Service (“Service”) has made a few other moves related to the...more

Downey Brand LLP

Administration Continues its Roll on Regulatory Changes, Proposing Numerous Changes in Rules Governing Federal Endangered Species...

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On the heels of its notice of federal rulemaking under the National Environmental Policy Act (see our July 2 blog post) and other more modest efforts at reform on the administrative level, the Administration on July 19...more

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