Endangered Species Law & Policy From Nossaman LLP

Endangered Species Act Evolving? A Look at Significant Recent and Upcoming Changes to ESA Administration

Nur Ibrahim, Rebecca Hays Barho — Thu, 23 Apr 2026 09:00:01 -0400

Endangered Species Act (ESA) administration has seen significant shifts during the past decade, including changes to ESA implementing regulations, policies and guidance and a number of significant decisions by federal courts, including the U.S. Supreme Court. This post provides a brief overview of important recent developments and what we can expect in the near future.

Recent Developments in ESA Administration

Vacatur of Certain Consultation Regulations under ESA Section 7:

On March 30, 2026, the U.S. District Court for the Northern District of California vacated certain ...

Two Desert Thrashers Now CESA Candidate Species: Bendire’s and LeConte’s Thrashers Receive Interim Protection

Emi Lemberg, Rebecca Hays Barho — Wed, 22 Apr 2026 09:00:02 -0400

On April 16, 2026, the California Fish and Game Commission voted unanimously to designate Bendire’s thrasher (Toxostoma bendirei) and LeConte’s thrasher (Toxostoma lecontei) as candidate species under the California Endangered Species Act (CESA). Candidate status triggers full CESA protections while the California Department of Fish and Wildlife (CDFW) completes a status review and the Commission considers whether to formally list the species as threatened or endangered.

This post summarizes the legal effect of the Commission’s decision, the procedural posture of ...

Final Rescission of “Harm” Definition Arrives at OIRA

Rebecca Hays Barho — Tue, 07 Apr 2026 09:00:03 -0400

On April 3, 2026, the final rescission of the U.S. Fish & Wildlife Service and National Marine Fisheries Service (together, Services) definitions of the term “harm” from their respective Endangered Species Act (ESA) implementing regulations arrived at the Office of Information and Regulatory Affairs (OIRA) for E.O. 12866 review. E.O. 12866 requires federal agencies submit “significant” proposals to OIRA prior to issuance in order to ensure, among other things, that such proposals analyze costs and benefits, and avoid conflicting policies. There is no deadline by ...

God Squad Grants Endangered Species Exemption

Rebecca Hays Barho, Paul Weiland — Tue, 31 Mar 2026 09:00:04 -0400

On Tuesday, March 31, 2026, the Endangered Species Committee (Committee) – colloquially known as the God Squad – met in Washington, DC at the request of the Secretary of War, Pete Hegseth. The Committee is made up of high-ranking federal government officials, chaired by the Secretary of the Interior, that can be convened under the Endangered Species Act (ESA) to grant exemptions to requirements of the ESA in certain limited circumstances. The March 31, 2026 meeting of the Committee, in which it unanimously granted an exemption for oil and gas exploration, development and production in the Gulf of America due to national security concerns, marks the first time in 30 years that the Committee has been convened. …

Senate Holds Hearing on Endangered Species Act Reform

Paul Weiland — Mon, 30 Mar 2026 09:00:05 -0400

On March 18, 2026, the U.S. Senate Environment and Public Works Subcommittee on Fisheries, Water, and Wildlife convened a hearing to examine ongoing challenges and potential improvements in the implementation of the Endangered Species Act (ESA). As we previously reported, Rep. Westerman (R-Ark.), Chair of the House Natural Resources Committee, is the lead author of H.R. 1897, a bill to reauthorize the ESA that was voted out of that Committee in December 2025. With both chambers now engaged, we are closer to significant ESA legislative reform than at any time in the past two decades.

A ...

What the Department of the Interior's Rescission of NEPA Regulations Means for ESA Consultation

Emi Lemberg, Svend Brandt-Erichsen, Jennifer Seely — Thu, 05 Mar 2026 09:00:06 -0500

On February 24, 2026, the Department of the Interior (DOI) rescinded most of its regulations implementing the National Environmental Policy Act (NEPA). The rescission may change how DOI conducts analysis for projects that require both NEPA and Endangered Species Act (ESA) analysis. The following questions and answers provide context for what this action means and its potential impacts.

What is NEPA?

The National Environmental Policy Act (NEPA) is a federal statute that requires Federal agencies to assess the environmental effects of proposed major Federal actions. 42 U.S.C ...

Mountain Lions Protected Under the California Endangered Species Act

Nur Ibrahim, Mary Lynn Coffee, Paul Weiland — Wed, 25 Feb 2026 09:00:07 -0500

On February 12, 2026, the California Fish and Game Commission (Commission) voted 3-0 to list mountain lions (Puma concolor) in Southern and Central California as endangered under the California Endangered Species Act (CESA). The listing decision is based on concerns that the mountain lion population in Southern and Central California could become extinct in the foreseeable future due to fragmented habitat, barriers to movement, and human removal. Mountain lions are now protected from take without a permit in the affected region, which includes the counties of Ventura, Los ...

Leadership Transition at California Department of Fish and Wildlife

Paul Weiland — Tue, 03 Feb 2026 09:00:08 -0500

Longtime California Department of Fish and Wildlife (CDFW) Director Charlton “Chuck” Bonham recently stepped down after 15 years at the helm. His departure marks the end of the longest tenure in the Department’s 150‑year history. CDFW has principal responsibility to implement California’s wildlife laws, including the California Endangered Species Act, Natural Community Conservation Planning Act, Lake and Streambed Alteration Program, and California’s fully protected species statutes.

Bonham left his post to join The Nature Conservancy as its California ...

What the Court Decision Invalidating the Federal Wind Energy Moratorium Means for Renewable Energy

Svend Brandt-Erichsen, Liz Klebaner — Mon, 15 Dec 2025 09:00:09 -0500

On December 8, 2025, a Massachusetts Federal District Court struck down federal agency resistance to permitting wind energy projects. The court granted summary judgment to seventeen states and Alliance for Clean Energy New York and vacated what the court referred to as the federal agencies’ “Wind Order.”

The agencies implemented the Wind Order in response to a Presidential Memorandum issued on January 20, 2025, entitled Temporary Withdrawal of All Areas on the Outer Continental Shelf From Offshore Wind Leasing and Review of the Federal Government’s Leasing and ...

ESA Regulations: Consultation

Paul Weiland — Fri, 12 Dec 2025 09:00:10 -0500

On November 21, 2025, the U.S. Fish & Wildlife Service and National Marine Fisheries Service (collectively, the Services) published several proposed rules to revise their regulations implementing certain provisions of the Endangered Species Act (ESA). To a substantial extent, the Services are proposing to return to the regulations put in place by the first Trump Administration in its prior rulemakings and thereby undo the changes put in place by the Biden Administration. This is the fourth in a series of blog posts that will briefly describe each proposed rule. The notice states ...