Summer 2023

NAR Joins Reform Coalition to Address Cost of Proposed Endangered Species Act (ESA) Revisions

The Department of Interior has proposed regulations to revise the ESA (sections 4, 4(d) and 7) that address various aspects of how a species is declared endangered, how critical habitat is designated, and how other agencies use the ESA in fulfilling their agency goals and missions. 

The revisions are concerning for property owners. They make it easier to declare a species endangered and designate critical habitat, under-emphasize the costs of these regs to landowners, and do not take into account the adverse economic ramifications to regulated stakeholders that these regs will create.   
 
Here's what would change with revisions to the current act:

• The requirement that economic impacts not be considered in listing decisions;
• The framework for determining the “foreseeable future” as applied to the listing of threatened species; 
• The circumstances when the Services may find that is it not prudent to designate critical habitat; 
• The process and requirements regarding the designation of areas as unoccupied critical habitat;
• Revise the process for consultation between the Services and a federal agency on whether a proposed federal action will jeopardize the continued existence of a threatened or endangered species or result in the destruction of critical habitat.

NAR is working with NESARC (National Endangered Species Act Reform Coalition) to create a robust set of comments on behalf of the regulated community. Check back here for future developments on this issue.