Brief Update: Comment now on multiple threats to the Endangered Species Act

A 30-day public comment period is open as of November 21

Whooping crane populations were once on the brink of extinction with only 21 individuals remaining. The Endangered Species Act has been key to stabilizing and increasing the population to more than 500. (photo by Dan Cohen)

The Trump Administration is continuing its efforts to endanger the Endangered Species Act. I wrote about this topic last spring, when the first rules change was published for comment. The change would redefine endangered species’ “harms” to no longer include habitat destruction and degradation. Of course, habitat loss is the top threat to rare species:

Now, a host of other detrimental rules changes are being proposed. The Department of Interior words these changes in as an iniquitous way as possible, but they are all designed to prop up the ability of commercial interests to develop or degrade key habitats for rare plants and animals. ABC News recently ran a story that better describes these actions. The actual wording form the Interior Department’s website is shown below.

• Listing and critical habitat (50 CFR part 424):

  The services jointly propose to restore the 2019 regulatory text governing listing, delisting and critical habitat determinations. The proposal ensures decisions are based on the best scientific and commercial data available while allowing transparent consideration of economic impacts. It reestablishes the longstanding two-step process for designating unoccupied habitat, restores clarity to the definition of “foreseeable future” and reinstates flexibility to determine when designating critical habitat is not prudent.

• Interagency cooperation (50 CFR part 402):

  The services jointly propose to return to the 2019 consultation framework by reinstating definitions of “effects of the action” and “environmental baseline,” removing the 2024 “offset” provisions and restoring section 7 procedures consistent with the statutory text. These changes respond directly to the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, which overturned the Chevron deference standard and reaffirmed that agencies must adhere strictly to the law as written.

• Threatened species protections (50 CFR part 17; section 4(d)):

  The Fish and Wildlife Service proposes to eliminate the “blanket rule” option and require species-specific 4(d) rules tailored to each threatened species. This approach reflects the single best reading of the statute under Loper Bright and ensures that protections are necessary and advisable to conserve each species without imposing unnecessary restrictions on others. It also aligns service policy with the National Marine Fisheries Service’s longstanding species-specific approach.

• Critical habitat exclusions (50 CFR part 17; section 4(b)(2)):

  The Fish and Wildlife Service proposes to reinstate its 2020 rule clarifying how economic, national security and other relevant impacts are weighed when determining whether to exclude areas from critical habitat. The revised framework provides transparency and predictability for landowners and project proponents while maintaining the service’s authority to ensure that exclusions will not result in species extinction.

A 30-day public comment period began November 21. To comment, click this link to the Department of Interior’s web page. You will have to type the following docket numbers in the search bar to comment on each proposed change.

• FWS–HQ–ES–2025–0039 (Section 4)

• FWS–HQ–ES–2025–0044 (Section 7)

• FWS–HQ–ES–2025–0029 (Section 4(d))

• FWS–HQ–ES–2025–0048 (Section 4(b)(2))