Analyzing the revised ESA regulations (Intro)
Trump Administration revisions would make significant changes to how Act operates
The Trump Administration in August finalized some significant revisions to the regulations implementing the federal Endangered Species Act (ESA). Those revisions got a fair amount of press coverage, much of it fairly negative, even apocalyptic in tone. See this NY Times editorial “The Species Act, Endangered”. I’ve (belatedly) tried to do a thorough review of the regulations with my own thoughts on their import. I’ll post those thoughts in three separate blog posts over the next few days, since the revisions are so substantial and cover a wide range of issues. In particular, there are three separate packages of revisions to the ESA regulations: (a) to the rules for listing species and designating critical habitat; (b) to the rules governing Section 9 take of members of threatened species; and (c), to the rules governing Section 7 consultation. I’ll take each in turn with a blog post for each. I’ll also finish with a wrap-up overview blog post as well. The final regulations are available at these websites (there are three sets of them, one for revisions to Section 4 listing and critical habitat designation, one for Section 7 consultation, and one for Section 9 take).
Eric Biber is a specialist in conservation biology, land-use planning and public lands law. Biber brings technical and legal scholarship to the field of environmental law…READ more