Law360, New York (September 10, 2013, 1:44 PM EDT) -- Effective Oct. 30, 2013, a new rule will limit the economic impacts that federal regulators may consider when designating property as "critical habitat" under the Endangered Species Act.
The rule, jointly proposed last year and promulgated last month by the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration's National Marine Fisheries Service (together, the Services), also requires the Services to publish a draft economic analysis for public comment at the time they propose critical habitat for listed species. It codifies the Services' use of a "baseline" approach, limiting the scope of economic impacts considered in habitat designations...
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