News & Analysis as of

Endangered Species Act (ESA) Comment Period National Marine Fisheries Service

Foley Hoag LLP - Environmental Law

Major Shift Proposed for Endangered Species Act Interpretation: Redefining “Harm”

On April 17, 2025, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) issued a proposed rule to rescind the regulatory definition of “harm” under the Endangered Species Act (ESA). This...more

Nossaman LLP

Services Propose New Regulatory Revisions Under the Endangered Species Act

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On June 22, 2023, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (collectively, the Services), issued three sets of proposed revisions to their Endangered Species Act (ESA) regulations...more

Beveridge & Diamond PC

Complying with the Endangered Species Act

This practice note provides an overview of the Endangered Species Act (ESA), 16 U.S.C. § 1531 et seq., and discusses the obligations of real estate developers and property owners with respect to the ESA. Congress enacted the...more

Nossaman LLP

Six Island Species to be Removed from ESA Protections

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In the first week of May, the U.S. Fish and Wildlife Service (“USFWS”) and the National Marine Fisheries Service (“NMFS”) proposed rules to remove six species from the lists of endangered and threatened wildlife and plants...more

Nossaman LLP

USFWS Proposes Rule Codifying “Critical Habitat” Exclusion Analysis

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On September 8, 2020, the U.S. Fish and Wildlife Service (USFWS) published a proposed rule codifying procedures for excluding areas of “critical habitat” under section 4 of the Endangered Species Act (ESA). ESA section...more

Nossaman LLP

National Marine Fisheries Service Proposes Revised Guidance for Recovery Plans

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On May 31, 2017, the National Marine Fisheries Service (NMFS) issued proposed revised guidance for the development of recovery plans as required by the Endangered Species Act (ESA). The proposal is aimed at prioritizing...more

Nossaman LLP

National Marine Fisheries Service and U.S. Fish and Wildlife Service Propose Listing One Hawaiian Species and Four Marine Species

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On September 19, 2016, the National Marine Fisheries Service (NMFS) published proposed rules to list two species of dolphin and two species of guitarfish under the Endangered Species Act (ESA). NMFS proposes to list the...more

Nossaman LLP

ESA Roundup – Listing Decisions and Recovery Actions

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The U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) have issued listing decisions on a number of species under the Endangered Species Act (ESA) in recent days, and USFWS has announced...more

Williams Mullen

Feds Spawn New Rules and Policies for Protected Species Habitat and Mitigation

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Federal agencies charged under the Endangered Species Act (“ESA”) with species protection have recently hatched revisions to regulations and policies that change substantially the determination and protection of habitat for...more

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