On October 27, 2021 the U.S. Department of the Interior’s Fish and Wildlife Service (Service) published a proposed rule to rescind its 2020 final rule amending portions of the regulations implementing Section 4 of the Endangered Species Act. The 2020 final rule allowed the Service to exclude areas following a discretionary exclusion analysis, among other things.
On the same date, the Fish and Wildlife Service along with the National Marine Fisheries Service (collectively Services) published a proposed rule to rescind their joint 2020 final rule that defined the term “habitat” as habitat of the species. The Services published this rule in response to the Supreme Court’s decision in Weyerhaeuser v. U.S. Fish and Wildlife Service.
Comments on both rules are due by November 26, 2021.
- Read the Federal Register notice and submit comments on Fish and Wildlife Service’s proposed rule here.
- Read the Federal Register notice and submit comments on Fish and Wildlife Service and National Marine Fisheries Service’s joint proposed rule here.
- Advocacy contact: Prianka Sharma or at (202) 401-5004.