take

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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Take Two

Trump Administration reasoning around the definition of take appears contradictory

I’ve written before about how the Trump Administration is proposing to eliminate the definition of “harm” in the Endangered Species Act (ESA) regulations – an action that could remove protections for endangered species from habitat modification.  The main justification that the Administration is relying upon in the proposal is a claim that the best interpretation …

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How Sackett Will Hurt Endangered Species In California

And what the state can do about it

Others have already posted about the Supreme Court’s Sackett decision that significantly cuts back on the geographic scope of Clean Water Act Section 404 regulation protecting wetlands.  Understandably, there has been a lot of attention to the direct effects of that change, which means that federal permitting will no longer apply to many wetlands in …

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