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 ...
Nossaman’s Endangered Species Law & Policy blog focuses on news, events, and policies affecting endangered species issues in California and throughout the United States. Topics include listing and critical habitat decisions, conservation and recovery planning, inter-agency consultation, and related developments in law, policy, and science. We also inform readers about regulatory and legislative developments, as well as key court decisions.
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