The Trump administration initiated efforts on Wednesday to revise regulations under the Endangered Species Act (ESA), reintroducing a set of changes from its initial term that had been reversed by the subsequent Democratic administration.
Proposed Regulatory Modifications
The proposed revisions include the elimination of the U.S. Fish and Wildlife Service's "blanket rule," which grants automatic protections to species classified as threatened. Under the new proposal, government agencies would be required to develop species-specific protection rules, a process that could extend over time.
Additionally, officials would be tasked with analyzing economic impacts during decisions regarding the designation of critical habitat for a species.
Context and Rationale
These proposed changes align with long-standing requests for ESA revisions from Republican lawmakers and sectors such as oil and gas, mining, and agriculture. Proponents of the changes argue that the 1973 environmental law has been applied too broadly, potentially hindering economic development.
Interior Secretary Doug Burgum stated that the administration aims to restore the ESA to its original intent while acknowledging "the livelihoods of Americans who depend on our land and resources." Burgum added that the revisions are intended to resolve legal ambiguities and regulatory overreach, providing certainty to states, tribes, landowners, and businesses, and ensuring conservation efforts are based on scientific data and practical considerations.
Concerns from Environmental Groups
Environmental organizations have expressed concerns that these changes could lead to significant delays in conservation efforts for species such as the monarch butterfly, Florida manatee, California spotted owl, and North American wolverine. Scientists and government agencies report an acceleration of global extinctions attributed to habitat loss and other environmental pressures.
The administration has previously pursued policies that emphasize oil and gas production and sought to reduce environmental regulations perceived as obstacles to development. Other proposals currently under consideration by the administration involve revising the definition of "harm" under the ESA and potentially allowing certain logging projects in national forests and on public lands to bypass existing species protections.
Case Study: Yarrow's Spiny Lizard
The situation of the Yarrow's spiny lizard in the Southwest illustrates potential outcomes of the proposed regulations. A population of these lizards in Arizona's Mule Mountains has experienced declines linked to rising temperatures, leading them to higher elevations.
A petition filed Wednesday seeks protections and critical habitat designation for the lizard. Advocates suggest that incorporating economic impact analyses could introduce delays in granting these protections, particularly as climate change is identified as the primary threat to this specific population.
Legal Challenges and Support for Reforms
In March, the Interior Department faced a lawsuit over the blanket protection rule, filed by the Property and Environment Research Center (PERC) and the Rocky Mountain Elk Foundation. These organizations contended that the rule was unlawful and discouraged states and landowners from participating in species recovery initiatives.
Under the existing blanket rule, species designated as "threatened" receive the same protections as those classified with the more severe "endangered" status. Jonathan Wood, Vice President of PERC, described the current proposal as a "necessary course correction," stating it addresses the blanket rule's alleged unlawfulness and refocuses the ESA on species recovery.
Additional Criticisms of the Proposals
Kristen Boyles of the environmental law firm Earthjustice stated that the proposed changes could weaken protections further than those introduced during the administration's first term. She specifically highlighted a provision that might permit the Fish and Wildlife Service and National Marine Fisheries Service to exclude negative effects on species if those impacts are not directly regulated by the agencies themselves.
Historical Context of ESA and Previous Actions
During its first term, the administration also implemented rollbacks of protections for individual species, including the northern spotted owl and gray wolf. The decision regarding the spotted owl was reversed in 2021 after officials determined that political appointees had used inaccurate scientific data to justify opening millions of acres of West Coast forest to potential logging. Protections for wolves across most of the U.S. were reinstated by a federal court in 2022.
The Endangered Species Act, signed into law by Republican President Richard Nixon, currently safeguards over 1,600 species within the United States and its territories. The Act is recognized for its role in the recovery of species such as the bald eagle and California condor.