Greens, Industry Call Critical Habitat Rule Fatally Flawed

By Juan Carlos Rodriguez (February 11, 2016, 6:35 PM EST) -- Federal fish and wildlife regulators gave themselves an inordinate amount of leeway in a recently finalized rule to decide how critical habitat designations are made under the Endangered Species Act, dooming the regulations to failure when they're eventually challenged in court, both industry-side lawyers and environmental advocates say.

The U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration's National Marine Fisheries Service last week finalized a policy and two rules they said would provide a clearer, more consistent and predictable process for designating critical habitat for animals under the ESA.

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