News & Analysis as of

Proposed Rules 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

Latham & Watkins LLP on

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

Greenberg Glusker LLP

Federal Agencies Propose Rule to Rescind the Definition of “Harm” Under the Endangered Species Act:

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On April 17, 2025, the Departments of Interior and Commerce issued a proposed rule to rescind the regulatory definition of “harm” under the Endangered Species Act (ESA) which, if finalized, would fundamentally alter a...more

Foley Hoag LLP - Environmental Law

FWS and NMFS Propose to Eliminate Habitat Loss From the Definition of "Harm" Under the ESA: Is This the "Best Meaning" of the ESA?

Earlier this week, my colleagues Adam Kahn and Kevin Chen posted about the proposed rule issued by the Fish and Wildlife Service and the National Marine Fisheries Service that would rescind the definition of “harm” under 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

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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

Sheppard Mullin Richter & Hampton LLP

Federal Proposal to Rescind ESA’s ‘Harm’ Definition Raises the Stakes for California’s AB 1319

The United States Fish and Wildlife Service and the National Marine Fisheries Service (collectively, Services) proposed last week to rescind the regulatory definition of “harm” under the federal Endangered Species Act (ESA),...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

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

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

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

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

Nossaman LLP

Agencies Move to Rescind “Harm” Definition under Endangered Species Act

Nossaman LLP on

On April 17, 2025, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (collectively, Services) published a notice in the Federal Register proposing to rescind the Services’ respective...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

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

Pillsbury Winthrop Shaw Pittman LLP

The Dunes Sagebrush Lizard Saga Continues: FWS Lists the Species as Endangered, Draws Congressional Response

On May 20, 2024, the U.S. Fish and Wildlife Service published a final rule listing the dunes sagebrush lizard as endangered under the Endangered Species Act. The listing does not include a designation of critical habitat....more

Allen Matkins

Proposed Rule Offers New Process for Agency Enforcement of Lake or Streambed Alteration Agreements

Allen Matkins on

On May 3, 2024, the California Department of Fish and Wildlife (CDFW or Department) published a Notice of Proposed Action (Proposed Rule) to update its regulations for Lake or Streambed Alteration Agreements (LSAAs). As...more

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

Endangered Species Act: U.S. Fish & Wildlife Service Finalizes Rule to Revise Criteria for Designating and Delisting Species and...

On Friday, April 5, 2024, the U.S. Fish & Wildlife Service (the “Service”) finalized a rule clarifying the procedures and criteria for listing, reclassifying, and delisting species on the Lists of Endangered and Threatened...more

Troutman Pepper Locke

Final ESA Regulations Issued by the Services

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The Endangered Species Act regulations have become a political hot potato, with regulatory revisions occurring each time there is a change in administration. On March 28, the U.S. Fish and Wildlife Service (FWS) and the...more

Nossaman LLP

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...more

(ACOEL) | American College of Environmental...

The ESA Goes Trekkie

I can hear the music in my ear, and the voice: “Space, the final frontier… “. Endangered and threatened species are destined to boldly go where none of them has gone before – habitats outside of their historical range....more

Nossaman LLP

U.S. Fish and Wildlife Service Proposes Revised Critical Habitat Designation for Rufa Red Knot

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On April 13, 2023, the United States Fish and Wildlife Service (“Service”) published a proposed rule to revise the critical habitat designation for the rufa red knot (Calidris canutus rufa). The red knot is a shorebird that...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

Nossaman LLP

U.S. Fish and Wildlife Service Proposes Revised Critical Habitat for Fisher DPS

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On November 7, 2022, the U.S. Fish and Wildlife Service (Service) proposed to designate approximately 595,495 acres of critical habitat for the Southern Sierra Nevada distinct population segment (DPS) of fisher (Pekania...more

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