Wednesday, December 10, 2025
2:00 p.m. – 3:30 p.m.
Microsoft Teams Webinar
The next Office of Advocacy environmental roundtable will be held virtually on December 10, 2025, at 2 PM EST on the Microsoft Teams platform. The discussion will focus on multiple revisions to ESA regulations proposed by the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS).
The proposed changes to ESA regulations represent the agencies’ best reading of the statute and are also being made pursuant to President Trump’s Executive Order (EO) 14514, “Unleashing American Energy” and EO 14219, “Ensuring Lawful Governance and Implementing the President’s ‘Department of Government Efficiency’ Deregulatory Initiative.”
The Office of Advocacy would like to hear from small businesses and other small entities about how these proposed changes will impact their operations. Please attend the roundtable and be ready to discuss how existing ESA regulations impact your business and the impact these proposed changes could have.
Please register HERE and provide the information requested to receive a Teams link.
AGENDA
I. Welcome and Introduction
Nick Goldstein, Assistant Chief Counsel, SBA Office of Advocacy
II. Overview of FWS/NMFS Proposed Revisions to ESA Regulations
FWS Staff
Tyson Kade, Partner, Van Ness Feldman
III. Open Discussion
IV. Adjourn
* SBA Advocacy is an independent voice within the executive branch responsible for advancing the views of small businesses in regulatory policy across the federal government. We conduct roundtables to hear the experiences, challenges, and recommendations of small businesses, and identify alternative approaches for policy development at federal regulatory agencies. Our roundtables are largely held online to facilitate the attendance of stakeholders from a diverse range of backgrounds, industries, and geographic regions.
** Roundtable meetings are open to all interested persons and are intended to facilitate an open and frank discussion about issues of interest to small business. These meetings are off the record and not intended for press purposes. Direct quotations of presenters or attendees may not be used without direct written approval of the person(s) making the statement. All press inquiries should be sent to chandler.baxter@sba.gov. Agendas and presentations are available to all. If you need accommodations for a disability to participate in the roundtable, please contact Nick Goldstein for assistance.
Should you have any questions or require further information, please contact Assistant Chief Counsel Nick Goldstein at nick.goldstein@sba.gov.
Visit https://advocacy.sba.gov/category/regulation/regulatory-alerts/ to comment on important proposed regulations.
Topic Summary
Comments on all four proposed rules are due December 22, 2025.
Proposed Revisions to ESA Regulations: On November 21, 2025, the FWS and NMFS issued four proposed rules making revisions to ESA regulations.
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 NMFS, and all other species are under the jurisdiction of the FWS. Two proposed rules were jointly issued by FWS and NMFS and two were issued solely by FWS.
The proposals take following actions:
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.
CONTACT:
Nick Goldstein
EMAIL:
Advocacy is an independent government office responsible for advancing the views of small businesses in the regulatory policy across the federal government. We conduct roundtables to hear the experiences, challenges, and recommendations of small businesses, and identify alternative approaches for policy development at federal regulatory agencies. Our roundtables are largely held online to facilitate the attendance of stakeholders from a diverse range of backgrounds, industries, and geographic regions.
Roundtable meetings are open to all interested persons and are intended to facilitate an open and frank discussion about issues of interest to small business. These meetings are off the record and not intended for press purposes. Direct quotations of presenters or attendees may not be used without direct written approval of the person(s) making the statement. All press inquiries should be sent to Chandler Baxter at chandler.baxter@sba.gov. Agendas and presentations are available to all. If you need accommodations for a disability to participate in the roundtable, please contact Will Purcell for assistance at will.purcell@sba.gov.