Endangered Species Law & Policy

As previously reported, on December 6, the Biden Administration published the Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), outlining the various regulatory and deregulatory actions the Biden Administration plans to take in the near future. Among the Unified Agenda entries are numerous U.S. Fish and Wildlife Service (Service) actions to propose or finalize endangered and threatened species listings and critical habitat designations under the Endangered Species Act (ESA). Below is a sampling of potential species listings and critical habitat designations relevant to the eastern United States:

• Final rule to list the pyramid pigtoe as threatened with a 4(d) rule (anticipated December 2023). The pyramid pigtoe is found in Alabama, Kentucky, and Tennessee.
• Final rule to designate critical habitat for the rufa red knot (anticipated April 2024). This species is found in Alabama, Connecticut, Delaware, District of Columbia, Florida, Georgia, Illinois, Indiana, Kentucky, Maine, Maryland, Massachusetts, Michigan, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, Virgin Islands, West Virginia, and Wisconsin.
• Final rule to designate critical habitat for the Florida bonneted bat (anticipated November 2023). This species is found in Florida.
• Proposed rule to designate critical habitat for the Barrens topminnow (anticipated December 2023). This species is found in Tennessee.
• Proposed rule to downlist or delist the endangered fat threeridge and the Chipola slabshell (anticipated December 2023). The fat threeridge is found in Florida and Georgia and the Chipola slabshell is found in Florida and Alabama.
• Proposed rule to list the regal fritillary and designate critical habitat (anticipated December 2023). This species occurs in Illinois, Indiana, Pennsylvania, and Wisconsin.
• Proposed rule to list the Florida pine snake and designate critical habitat (anticipated November 2023). This species is found in Florida, Georgia, and South Carolina.
• Proposed rule to list the northern cavefish and designate critical habitat (anticipated November 2023). This species occurs in Indiana and Kentucky.
• Proposed rule to list the smallscale darter and designate critical habitat (anticipated November 2023). The smallscale darter is found in Kentucky and Tennessee.
• Proposed rule to list the West Virginia spring salamander and designate critical habitat (anticipated December 2023). This species is found in West Virginia.
• Proposed rule to list the wood turtle and designate critical habitat (anticipated June 2024). This species occurs in Connecticut, District of Columbia, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia, West Virginia, and Wisconsin.
• Proposed rule to list the Kentucky creekshell and designate critical habitat (anticipated September 2024). This species is found in Kentucky.
• Proposed rule to list the spotted turtle and designate critical habitat (September 2024). The spotted turtle occurs in Connecticut, Delaware, District of Columbia, Florida, Georgia, Illinois, Indiana, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, and West Virginia.

For the full list of anticipated ESA-related actions, please refer to the Unified Agenda.