What: On June 1, 2026, the U.S. Fish and Wildlife Service (FWS) published a final rule in the Federal Register designating critical habitat for the Rusty Patched Bumble Bee (Bombus affinis), a bumble bee historically found across the eastern United States.
Why: One way the Endangered Species Act (ESA) protects species is by designating areas necessary for their survival as “critical habitat.” Once an area is designated as “critical habitat,” development and other economic activities are limited within its boundaries.
The ESA directly affects small entities. Even the possible presence of an endangered species on a small business’s property can lead to additional regulatory responsibilities, restricting operations and discouraging business activities. Additionally, small governments may face ESA-related regulatory obligations, causing delays and increased costs for construction projects within their jurisdictions.
FWS is designating approximately 1,534,951 acres across 14 units in 33 counties in Illinois, Iowa, Minnesota, Virginia, West Virginia, and Wisconsin as critical habitat for the bumble bee.
Action: Read the final rule that went into effect June 1, 2026.
Access our Regulatory Alerts to view and submit comments on important proposed regulations.