Biden Administration Rolls Back Trump’s Endangered Species Rule

GRAND RAPIDS, Michigan –

Federal regulators on Wednesday canceled a policy adopted under former President Donald Trump that weakened his authority to identify land and waters where declining animals and plants could receive government protection.

The move was the latest by the US Fish and Wildlife Service to undo changes to the Endangered Species Act that industry and landowner groups had won under Trump. President Joe Biden ordered a sweeping review of his predecessor’s environmental policies after taking office in 2021.

One Trump measure required regulators not to designate areas as critical habitat if there was greater economic benefit to developing them.

That forced the agency to refute “speculative claims of environmental damage made by industries such as mining, logging, and oil and gas” as they sought to extract resources from public lands, said Earthjustice, a law firm that represents environmental groups.

In a 48-page document explaining the rule’s withdrawal, the agency said it gave outside parties an “outsized role” in determining which areas were needed to preserve endangered species while undermining the authority of the Fish and Wildlife Service. Wild.

“The Service is the federal government’s lead agency on endangered species, responsible for conserving America’s nature for future generations,” said agency director Martha Williams.

Returning to pre-Trump politics, he said, would make “sound science and citizen engagement” the basis of habitat decisions.

Under the 1973 law, federal agencies cannot fund, permit, or take actions that destroy or severely damage critical habitats. It does not restrict activities on private land unless there is government approval or financial support.

It allows regulators to deny critical habitat designation to areas after considering economic and national security issues, and other factors, such as ongoing conservation activities in those areas.

In some cases, the designation “can discourage conservation and restoration by making habitat a serious liability for owners, whose property values ​​can drop by as much as 75 percent,” the Research Center for the Property and the Environment, an advocacy group for property owners.

“Instead of simply reversing the Trump administration’s flawed rule, the Fish and Wildlife Service should reform the critical habitat process to focus on creating the right incentives for landowners to actively conserve and restore habitat,” he said. Jonathan Wood, group vice president of law and resources. politics.

Earthjustice said the Biden administration’s action would return the focus to endangered species rather than “the self-interest of destructive industries.”

“Trump’s rules violated the letter and spirit” of the Endangered Species Act “by removing vital protections necessary to address the extinction crisis,” said attorney Lein─ü`ala Act.

In June, the Biden administration withdrew a Trump rule that prevented agencies from selecting areas for protection that don’t currently meet the needs of a species, but might in the future as a result of restoration work or natural changes, including warming. global.

A federal judge this month threw out a series of actions by Trump to roll back protections for endangered or threatened species.

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