The Trump administration is considering reinstating Trump-era Endangered Species Act regulations that were largely supported by the agriculture industry.
The U.S. Fish and Wildlife Service (USFWS) in late November proposed four rules to restore Endangered Species Act (ESA) regulations to the framework set during the first Trump administration.
The four proposed rules regard the following:
• Listing and critical habitat.
• Interagency cooperation.
• Threatened species protections.
• Critical habitat exclusions.
“These revisions end years of legal confusion and regulatory overreach, delivering certainty to states, tribes, landowners and businesses while ensuring conservation efforts remain grounded in sound science and common sense,” said Secretary of the Interior Doug Burgum in a statement.
The proposed rules align with President Donald Trump’s directives to strengthen American energy independence and follow two of his executive orders, “Unleashing American Energy,” and “Department of Government Efficiency.” The rules also follow Burgum’s Secretary’s Order 3418, which directs agencies to remove regulatory barriers that hinder resource development and economic growth.
Two of the proposed rules were developed in coordination with the Department of Commerce’s National Oceanic and Atmospheric Administration’s National Marine Fisheries Service.
Proposed rules
The Department of the Interior said the 2024 regulations reimposed provisions that were previously deemed inconsistent with the ESA. The proposed rules will restore 2019 and 2020 regulations.
The proposal for listing and critical habitat would restore the 2019 rule for listing, delisting and critical habitat determinations. It would reestablish the two-step process for designating unoccupied habitat, clarify the definition of “foreseeable future” and reinstate flexibility to determine when designating critical habitat is not prudent.
The interagency cooperation proposed rule would return to the framework set in 2019 to reinstate definitions of “effects of the action” and “environmental baseline” and restore Section 7 procedures. The changes directly align with the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, which overturned the Chevron deference standard.
The proposal would also update threatened species protections by eliminating the blanket rule option and requiring species-specific 4(d) rules for each threatened species. The blanket rule automatically granted threatened species the same protection as endangered species, specifically from “taking.”
Finally, the USFWS proposes reinstating its 2020 rule for critical habitat exclusions and clarifying how economic, national security and other relevant impacts are weighed when determining whether to exclude areas from critical habitat.
“These actions reaffirm our commitment to science-based conservation that works hand in hand with America’s energy, agricultural and infrastructure priorities,” said USFWS Director Brian Nesvik. “By restoring clarity and predictability, we are giving the regulated community confidence while keeping our focus on recovery outcomes, not paperwork.”
The rules were published in the Federal Register on Nov. 19 and are open to public comment through Dec. 22. To submit comments, visit regulations.gov and search for the docket ID beginning with FWS–HQ–ES–2025 followed by the specific docket number extension for each proposal:
• –0039 (listing and critical habitat).
• –0044 (interagency cooperation).
• –0029 (threatened species protections).
• –0048 (critical habitat exclusions).
Reactions
The American Farm Bureau Federation (AFBF) applauded the government’s announcement.
“Farmers and ranchers take seriously the responsibility of protecting the environment, and these proposals will provide them with more certainty as they manage the land they often both live and work on,” said AFBF President Zippy Duvall in a statement.
“We are committed to working with the administration and Congress to advance the larger goal of modernizing the Endangered Species Act to protect wildlife and promote voluntary efforts to preserve at-risk species,” Duvall added.
Earthjustice condemned the plan, with organization attorney Kristen Boyles saying, “Trump’s attacks on the Endangered Species Act seriously misread the room. Most people are not going to allow the sacrifice of our natural world to a bunch of billionaires and corporate interests.” — Anna Miller Fortozo, WLJ managing editor
