Biden administration plans roll backs of Trump-era Endangered Species Act rules

Background: The Biden administration in June had pledged to reverse the rules that the Trump administration put into effect in its final days.

Together, the two proposals would remove the changes that most concerned environmental groups, who had criticized the Trump-era changes for making it too easy for industry to expand into areas necessary to revive protected species. Building developers, oil companies and agriculture firms had sought the changes, saying that the ESA procedure made it too easy to exclude land from development and too difficult to remove species and their habitat from federal protection.

“We’re relieved that the Biden administration has taken this important step toward restoring critical protections for imperiled species,” said Noah Greenwald, endangered species director at the Center for Biological Diversity. “There’s just no way to save animals and plants from extinction without safeguarding the places they need to live.”

The oil industry was already engaging in conservation actions, the American Petroleum Institute said in response to the proposed changes.

“ESA regulations should ensure that decisions on the determination of critical habitats are based on science and objective data and coordinated with appropriate stakeholders,” API senior policy adviser Amy Emmert said in a statement. “We will continue to support efforts to advance habitat protection and environmental stewardship while ensuring access to the safe and responsible development of American energy.”

What’s next: The agencies will take public comment for 30 days after the proposal is published in the Federal Register.