Hydro Newsletter - Volume 8, Issue 7: Trump ESA Rule Rollback, Navajo Nation Clean Water Rule Lawsuit Stayed Thursday, July 1, 2021
Services Signal Intent to Roll Back Trump Administration Changes to ESA Rules
On June 4, 2021, the U.S Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (together, the Services) issued a press release announcing their plans to initiate a series of rulemakings in the coming months to revise, rescind, or reinstate Endangered Species Act (ESA) regulations finalized by the prior administration. The Services identified the five following ESA rulemakings:
Revise regulations for interagency cooperation. On August 27, 2019, the Services published a final rule revising the regulations governing ESA section 7 consultation. In part, this rule revised key terms regarding the identification of environmental baseline conditions, potential effects, and the level of causation and certainty required in the review of effects of