Trump Admin. Proposes Endangered Species Act Regulation Reforms

AGC Comments in Support of Reforms
On Sept. 24, AGC commented on three proposed rules that would significantly affect the applicability and implementation of the Endangered Species Act (ESA).  The proposed revisions pertain to regulations governing the listing and delisting of species and plants, the designation of critical habitat and the interagency consultations that are part of the approval process for almost all federal permits and approvals.  AGC’s comment letters (onetwo and three) offered examples of why the current process is unpredictable and adds delay and cost to the permitting and construction of infrastructure projects nationwide.
Overall, AGC offered support for the Services efforts to clarify definitions, refine procedures and streamline process.  Significant reforms would: remove the blanket “take” prohibition from threatened species; re-emphasize the role of unoccupied habitat in critical habitat designations by reversing 2016 regulations implemented by the Obama Administration; make economic impacts publicly available – though not considered – in listing decisions; streamline the interagency consultation process required by Section 7 of the ESA, including the scope, process itself and substance of the consultation. AGC also suggested some additional areas for improvement, drawing from concerns that AGC members have raised in the past.
For more information, please contact Melinda Tomaino at [email protected].

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