Endangered Species Act Archives

Endangered Species Act

Unpacking the Senate Permitting Reform Bill: ESA

Changes to the Endangered Species Act are limited in scope

This post continues my review of the provisions of the Senate Permitting Reform Bill, focusing on the Endangered Species Act provisions in Title III. My introduction to the coverage of the bill is here. My discussion of Title I, covering NEPA is here (for remedies) and here (everything else). My discussion of the Clean Water …

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A quick overview of the Senate permitting reform bill

Senate bill has major changes for NEPA, some changes for Clean Water Act

The bipartisan permitting reform bill – at least the Senate version – is out. You can see it here. My initial take on the bill is below, and I hope to do some more detailed examination of specific provisions soon. My focus will be on the environmental law side, not the transmission side, since that …

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The end of endangered species habitat protections in California?

Not quite, but the combination of the Trump Admin and Prop 45 will drastically reduce protections.

California likes to portray itself as an environmental leader, and in many ways it is. But in the context of one of the most important areas of environmental law – protecting endangered species – California is on the verge of eliminating most of its protections for the habitat of endangered species. That is the result …

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Trying to Create Permit Certainty

A new permitting reform bill does a good job of managing tradeoffs for a difficult problem

Last month two Senators proposed another permitting reform bill, the FREEDOM Act. This is a revised version of a bill that was introduced in the House earlier this year, which I wrote about before. (And yes, if you are having trouble keeping up with all the permitting reform bills floating around, you are not alone.) …

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In Harm’s Way

Agency’s efforts to repeal harm definition for the ESA carries significant legal risks

The Trump Administration has finalized a rule that would eliminate the definition of harm from the regulations implementing the Endangered Species Act (ESA). Harm is one component of the definition of take in the ESA, and Section 9 of the ESA prohibits take of members of endangered species. As I noted last spring, when the …

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Screaming in the Wilderness

A clear mountain lake surrounded by rocky terrain, pine trees, and rugged peaks under a bright blue sky with scattered clouds.

More is screaming needed.

It is no surprise that, in the past couple of weeks, the Trump Administration has moved to gut habitat protection under the Endangered Species Act, opening wilderness areas to mining and oil drilling, and to eviscerate Monument designation for most of two wilderness areas in Utah. Trump and his allies made their intentions clear in …

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Judicial Review of the Hegseth Gambit

Hegseth and the “God Squad” may have just stepped into a morass.

As expected, the Endangered Species Committee issued a blanket exemption, preventing any challenges to oil and gas drilling in the Gulf that threaten endangered species. Hegseth’s request for the exemption is premised on the existing (but possibly insufficient) protections that the government is currently giving endangered species. Thus, it’s not quite a license for Exxon to send out harpoon boats to kill off whales. It does, however, raise the suspicion that the current protections are grossly inadequate and that the government expected to lose in court, before in effect breaking the glass and pulling the red emergency lever.

Challenging Hegseth’s National Security Gambit

Hegseth may not have as much power as he thinks to run roughshod over the Endangered Species Act.

According to a DOJ filing, “[o]n March 13, 2026, the Secretary of War notified the Secretary of the Interior that the Secretary of War found it necessary for reasons of national security to exempt from the ESA’s requirements all Gulf of America oil and gas exploration and development activities.” It’s difficult but not impossible to challenge the government on issues of national security. Hegseth’s demand for an exemption to allow oil companies to destroy endangered species is a bold, aggressive move, much like the decision to go to war against Iran. As with the war itself, however, the legal and political aftermath may prove a lot messier than the Administration is anticipating. Here are some possible arguments that could potentially limit Hegseth’s powers.

Harming Species

The impact of repealing the ESA Section 9 prohibition on habitat destruction will be large for many endangered species.

As I posted last year, the Trump Administration is proposing to repeal an Endangered Species Act (ESA) regulation that limits destruction of habitat for listed species. Specifically, the proposal is to repeal the definition of “harm” in the regulations. That regulatory definition includes some forms of habitat destruction within the meaning of harm. And “harm” …

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The “God Squad” is Subject to a Lot of Limits. But I’m still worried.

Getting an exemption from the Endangered Species Act is normally difficult. But there’s a scary exception.

The Endangered Species Act Committee has been nicknamed the God Squad, on the theory that it holds the power of life and death over endangered species. It does the have the power to exempt from projects from the Endangered Species Act (ESA), although that’s not quite as ominous as it sounds. It’s understandable that many people freaked out when a Federal Register notice appeared announcing a meeting of the Committee relating to offshore drilling in the Gulf. We don’t have any specifics , What we do know is that the process is complex and cumbersome, and that there are important limits on the Committee’s discretion. There’s still reason to worry, however, because Pete Hegseth actually is the one with godlike powers over endangered species.

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A quick overview of the Senate permitting reform bill

Senate bill has major changes for NEPA, some changes for Clean Water Act

Improving permitting reform

Suggestions to make the permitting reform bill work better and avoid unintended results

NEPA Remedies Revisited

Guest contributor Justin Pidot writes that the permitting bill known as BAAJA would end judicial review of most NEPA claims — but it sure is hard to figure that out.

A Major Problem with “Permit Certainty”

The permit certainty provision in the permitting reform bill appears to (inadvertently) change the basic standard for enforcement of most federal law

These 3 Numbers Explain Earth System Interventions in 2026

Concerns about passing 1.5C and ‘global dimming’ are driving attention to the prospect of large-scale interventions in Earth systems.

Our Information Ecosystem is Toxic. But We Can Clean It Up

The Drain is a roundup of environmental and climate news from Legal Planet.

Unpacking the Senate Permitting Reform Bill: NEPA

NEPA provisions are substantial in their changes, but (mostly) leave the core of the Act in place

Opening Shots in a War on Doctors

What began as a war on science has now reached your kid’s doctor.

The Other Big Environmental Case at the Supreme Court

Guest contributor Clifford Villa writes that Dept. of the Air Force v. Prutehi Guahan, which will be argued Wednesday, raises profound questions for democracy and environmental justice.

The Arguments We Did and Didn’t Hear in Suncor v. Boulder

Oral arguments in the climate case before the Supreme Court gave hints to possible outcomes. But one of Boulder’s strong answers to the “tort suits are regulation” objection went unmade.

Endangered Species Act

Changes to the Endangered Species Act are limited in scope

Senate bill has major changes for NEPA, some changes for Clean Water Act

Not quite, but the combination of the Trump Admin and Prop 45 will drastically reduce protections.

A new permitting reform bill does a good job of managing tradeoffs for a difficult problem

Agency’s efforts to repeal harm definition for the ESA carries significant legal risks

More is screaming needed.

Hegseth and the “God Squad” may have just stepped into a morass.

Hegseth may not have as much power as he thinks to run roughshod over the Endangered Species Act.

The impact of repealing the ESA Section 9 prohibition on habitat destruction will be large for many endangered species.

Getting an exemption from the Endangered Species Act is normally difficult. But there’s a scary exception.

Join Our Mailing List

Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.

The Drain is a roundup of climate and environmental news from Legal Planet delivered to your Inbox once a week.

TRENDING

Suggestions to make the permitting reform bill work better and avoid unintended results

Guest contributor Justin Pidot writes that the permitting bill known as BAAJA would end judicial review of most NEPA claims — but it sure is hard to figure that out.

The permit certainty provision in the permitting reform bill appears to (inadvertently) change the basic standard for enforcement of most federal law

Concerns about passing 1.5C and ‘global dimming’ are driving attention to the prospect of large-scale interventions in Earth systems.

The Trump Administration once again proves shortsighted and spiteful.

Part of it is a move in the right direction. But one provision raises serious questions.

Bill attempts to draw on discrimination law to address disparate treatment for permits, but provision has problems

The Drain is a roundup of environmental and climate news from Legal Planet.

Permit certainty provisions are problematic and unclear in their scope

Changes to the Endangered Species Act are limited in scope

Senate bill has major changes for NEPA, some changes for Clean Water Act

Suggestions to make the permitting reform bill work better and avoid unintended results

Guest contributor Justin Pidot writes that the permitting bill known as BAAJA would end judicial review of most NEPA claims — but it sure is hard to figure that out.

The permit certainty provision in the permitting reform bill appears to (inadvertently) change the basic standard for enforcement of most federal law

Concerns about passing 1.5C and ‘global dimming’ are driving attention to the prospect of large-scale interventions in Earth systems.

The Drain is a roundup of environmental and climate news from Legal Planet.

NEPA provisions are substantial in their changes, but (mostly) leave the core of the Act in place

What began as a war on science has now reached your kid’s doctor.

Guest contributor Clifford Villa writes that Dept. of the Air Force v. Prutehi Guahan, which will be argued Wednesday, raises profound questions for democracy and environmental justice.

Oral arguments in the climate case before the Supreme Court gave hints to possible outcomes. But one of Boulder’s strong answers to the “tort suits are regulation” objection went unmade.