Proposed Rules Will Expand Project Requirements Related to Species
The Biden Administration has proposed new changes to a suite of rules that would significantly affect the applicability and implementation of the Endangered Species Act (ESA). The proposed revisions reverse reforms made by the prior administration to regulations governing the listing and delisting of species and plants, the designation of critical habitat and the interagency consultations that are part of the approval process for projects that involve federal permits or funding.
One change, in particular, would upend longstanding policy and require offsets to any impacts that cannot be avoided through the “reasonable and prudent measures” (RPMs) that project proponents currently employ. A summary of the proposed changes can be found by clicking the button below.