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Trump Administration proposes to limit Endangered Species Act protections

The Interior Department detailed that the proposals, two of which were issued in coordination with the Commerce Department's National Oceanic and Atmospheric Administration's (NOAA) National Marine Fisheries Service, would revise Biden Administration regulations that "created unnecessary complexity."

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Williams Perdomo
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Williams Perdomo

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President Donald Trump wants to remove protections for some animals and plants covered by the Endangered Species Act.

The proposal was made because his administration argues that the current rules are too strict and stifle the country's economic development.

In that regard, the Interior Department detailed that the proposals, two of which were issued in coordination with the Commerce Department's National Oceanic and Atmospheric Administration's (NOAA) National Marine Fisheries Service, would revise Biden Administration regulations, finalized in 2024, that expanded federal scope and "created unnecessary complexity."

"These actions implement Executive Orders 14154, ‘Unleashing American Energy,’ and 14219, ‘Department of Government Efficiency,’ along with Secretary’s Order 3418, which direct agencies to remove regulatory barriers that hinder responsible resource development and economic growth while maintaining core conservation commitments," the Interior Department explained in a statement.

Meanwhile, Interior Secretary Doug Burgum noted that "this Administration is bringing the Endangered Species Act back to its original purpose, protecting species through clear, consistent and lawful rules that also respect the livelihoods of Americans who depend on our lands and resources."

The four proposed rules are:

Listing and critical habitat (50 CFR part 424): The services jointly propose to reinstate the 2019 regulatory text governing endangered species listing, delisting, and critical habitat determinations.Interagency Cooperation (50 CFR part 402): The Services jointly propose to reinstate the 2019 consultation framework, reinstating the definitions of "effects of the action" and "environmental baseline," removing the 2024 "compensation" provisions, and restoring the section 7 procedures consistent with the statutory text.Threatened Species Protection (50 CFR part 17; section 4(d)): The Fish and Wildlife Service proposes to eliminate the "general rule" option and require specific 4(d) standards for each endangered species. This approach reflects the best interpretation of the law under the Loper Bright case and ensures that protections are necessary and advisable for the conservation of each species without imposing unnecessary restrictions on others.Critical Habitat Exclusions (50 CFR part 17; section 4(b)(2)): The Fish and Wildlife Service proposes to reinstate its 2020 rule that clarifies how economic, national security, and other relevant impacts are weighed when determining whether to exclude areas from critical habitat.

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