Federal Court Kills "Critical Habitat" Flexibility
Posted On
July 13, 2022
A federal court has rejected a Trump-era rule that limited the definition of "critical habitat" to areas that currently support protected species, under the Endangered Species Act. This adds legal backing to the Biden administration's decision to withdraw the rule. Now, federal agencies can include areas that can support—but are not occupied by—protected species as "critical habitat."
Resources:
- U.S. Fish & Wildlife Service: U.S. Fish and Wildlife Service and NOAA Fisheries Rescind Regulatory Definition of “Habitat” Under the Endangered Species Act
- Gazette-Times: Judge throws out Trump-era rollbacks on endangered species
- Hardwood Federation
Photo © C Harman