Updates to our Terms of Use

We are updating our Terms of Use. Please carefully review the updated Terms before proceeding to our website.

Friday, April 26, 2024 | Back issues
Courthouse News Service Courthouse News Service

Biden administration restores blanket protections for threatened species

The administration is tightening environmental rules that were loosened under Trump, but environmental groups say much more work still needs to be done.

(CN) — The Biden administration has restored so-called blanket rule protections for threatened species after the Trump administration in 2019 abolished those rules under the Endangered Species Act.

The blanket rule provides newly listed threatened species that are at risk of becoming endangered in the foreseeable future with the same broad protections as endangered species that are at risk of becoming extinct. The rule avoids the need for the U.S. Fish and Wildlife Service to formulate specific protections for each species that it lists as threatened.

“As species face new and daunting challenges, including climate change, degraded and fragmented habitat, invasive species, and wildlife disease, the Endangered Species Act is more important than ever to conserve and recover imperiled species," Martha Williams, director of the U.S. Fish and Wildlife Service, said in a statement. “These revisions underscore our commitment to using all of the tools available to help halt declines and stabilize populations of the species most at-risk.”

The departments of the Interior and Commerce on Thursday announced they had finalized three rules that were first proposed last June.

The rules restore what they say are important protections for species and their habitats — strengthening the processes for listing species and ensuring a science-based approach intended to improve both agencies’ ability to comply with Endangered Species Act rules.

The administration also reinstated prior ESA language cut under Trump, affirming that listing determinations are made "without reference to possible economic or other impacts of such determination." The finalized rules — for which Fish and Wildlife received 468,000 public comments from stakeholders and interest groups — also clarify the standards for delisting species and protecting critical habitat.

“Working with our partners, NOAA Fisheries is improving the process for managing species under the Endangered Species Act with a focus on mitigation of ongoing threats such as altered ecosystems due to climate change,” Janet Coit, assistant administrator at the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service, said. “By leveraging the best available science, we ensure the law remains robust as we work to conserve and recover endangered and threatened species and their habitats.”

The administration's announcement got a tepid reception from environmental advocacy groups.

According to the Center for Biological Diversity, the new rules — just like those previously adopted by the Trump administration — ignore cumulative impacts to listed species, making it far easier for industries to receive approval for projects that destroy important habitat.

One of those rules, according to the Center, requires the feds to take actions that affect species’ critical habitat “as a whole” before real habitat protections are put in place. The group says this could be particularly harmful for animals that have large ranges but are still at risk for extinction, including the northern spotted owl, the polar bear and the Gulf sturgeon.

In a statement, Stephanie Kurose, a senior policy specialist at the Center for Biological Diversity, called the changes "a massive missed opportunity to address the worsening extinction crisis."

“We needed bold solutions to guide conservation as the climate crisis drives more and more animals and plants to extinction," Krouse said. "Instead we’re mostly still stuck with the disastrous anti-wildlife changes made by the previous administration.”

Follow @edpettersson
Categories / Environment, Government, National

Subscribe to Closing Arguments

Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.

Loading...