What: On November 21, 2025, the U.S. Department of Commerce and the U.S. Department of THE Interior issued four proposed rules revising Endangered Species Act (ESA) regulations.
Why: Congress enacted the ESA to protect species that are designated as “threatened” or “endangered.” One of the ways the ESA protects species is through the designation of areas the species needs to survive as “critical habitat.” Once an area is designated as “critical habitat,” development and other economic activities are restricted within its boundaries.
The Secretaries of the Interior and Commerce share responsibilities for implementing most of the ESA. Generally, marine and anadromous species are under the jurisdiction of the National Marine Fisheries Service (NMFS), and all other species are under the jurisdiction of the Fish and Wildlife Service (FWS). Two proposed rules were jointly issued by FWS and NMFS, and two were issued solely by FWS.
The proposals take following action:
- Revising when and how FWS determines whether the benefits of excluding an area outweigh the benefits of designating the area as critical habitat.
- Removing the FWS “blanket rule” option for treating newly listed threatened species as endangered.
- Revising how federal agencies to consult with FWS and NMFS on whether their proposed actions will jeopardize the continued existence of a threatened or endangered species or result in the destruction or adverse modification of designated critical habitat.
- Revising the procedures and criteria used by FWS and NMFS for listing, reclassifying, and delisting species on the Lists of Endangered and Threatened Wildlife and Plants and designating critical habitat.
The proposed rules are largely in response to a series of changes made to ESA rules in 2023. The Office of Advocacy warned the agencies that the actions taken in 2023 would be harmful to small businesses.
Action: Comments on all four rules are due December 22, 2025.
AUGUST 2023 COMMENT LETTER:
Endangered and Threatened Wildlife and Plants; Revision of Regulations for Interagency Cooperation
SUBMIT COMMENTS FOR THE FOLLOWING IN THE FEDERAL REGISTER:
- Endangered and Threatened Wildlife and Plants; Regulations for Designating Critical Habitat
- Regulations Pertaining to Endangered and Threatened Wildlife and Plants
- Interagency Cooperation Regulations
- Listing Endangered and Threatened Species and Designating Critical Habitat
CONTACT:
Nick Goldstein
EMAIL:
Regulatory Alerts
Is your small business or entity being impacted by a proposed rule? If yes, write a comment letter to the proposing agency.