ESA Rule Changes Less Drastic Than Critics Claim

Law360 (August 29, 2019, 3:02 PM EDT) -- On Aug. 27, more than a year after the U.S. Fish and Wildlife Service and National Marine Fisheries Service published proposals to revise several Endangered Species Act implementing regulations, the two services published final versions of the rules in the Federal Register. The final rules include the USFWS' removal of its blanket prohibition on "take" of species listed as threatened — the blanket 4(d) rule; the services' joint amended regulations governing species listings and delistings and designation of critical habitat — the listing rules; and regulations governing interagency coordination under ESA Section 7 — the consultation rules.

The proposed rules were...

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