The U.S. Fish and Wildlife Service is considering proposed regulations allowing for exclusions from critical habitat designations for species that have been listed as endangered or threatened under the Endangered Species Act (ESA). The proposal would allow the agency to consider information such as economic impacts and public safety concerns when designating critical habitat from local and state governments, among other stakeholders, so that exclusions can be allowed for necessary projects such as housing development and public infrastructure maintenance.
The policy would be a dramatic departure for the agency, which has in the past steadfastly refused to consider economic or public safety concerns from local governments when designating critical habitat. RCRC has long-advocated for a shift in the designation process, particularly with the need to maintain public infrastructure as well as comply with state requirements for housing development and other mandates that are impacted by the ESA. RCRC filed a letter of support for the proposed regulations, which can be accessed here. The full text of the proposed regulations can be viewed in the Federal Register, which can be accessed here.