Agencies Rescind Trump-Era Definition of “Habitat” Under Endangered Species Act

On Friday, June 24, the U.S. Fish and Wildlife Service and National Marine Fisheries Service issued a final rule rescinding the agencies’ regulatory definition of “habitat” previously promulgated by the Trump administration on December 16, 2020, for use in determining a “critical habitat” under the Endangered Species Act (Act). Under this prior definition, “habitat” included “the abiotic and biotic setting that currently or periodically contains the resources and conditions necessary to support one or more life processes of a species.” (more…)

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