Allen Matkins
ProfessionalsIndustries & ServicesNews & InsightsCareers

  • Professionals
  • Industries & Services
  • News & Insights
  • Careers
  • Offices
  • About
Manage Subscriptions

News & Insights

Legal Alert

Endangered Species Protections Proposed for Monarch Butterfly

Environmental & Natural Resources

12.13.24

On December 10, 2024, the U.S. Fish and Wildlife Service (USFWS) proposed to list the monarch butterfly (Danaus plexippus) as threatened under the federal Endangered Species Act (ESA). A proposed critical habitat designation and “4(d) rule” offering species-specific protective regulations were also put forth (collectively, the Proposed Rule). USFWS is seeking public comment on the Proposed Rule through March 12, 2025.

Monarch butterflies, easily recognized by their orange and black markings, annually migrate across a vast swath of North America as part of two distinct subpopulations. The eastern population is the largest and overwinters in the mountains of central Mexico, whereas the western population primarily overwinters in coastal California. According to USFWS, both populations have severely declined since the 1980s. Data asserted by various conservation groups suggests that the eastern migratory population has decreased by 80% and the western migratory population by more than 95%. Threats to the monarch include habitat loss, conversion and degradation, exposure to herbicides/insecticides, and the effects of climate change.

The Proposed Rule’s critical habitat designation covers the western monarch population’s overwintering sites in seven coastal California counties (Ventura, Santa Barbara, San Luis Obispo, Monterey, Santa Cruz, Alameda, and Marin). Notably, the ESA’s critical habitat restrictions only apply to projects with a federal “nexus,” via permitting, funding or approvals. Additionally, the proposed 4(d) rule provides exemptions from the ESA’s broader “take” prohibition, incentivizing the general public to proactively undertake conservation efforts without fear of unintentional violation of the ESA. Proposed exemptions include:

    • Activities that may maintain, enhance, remove, or establish milkweed and nectar plants within the breeding and migratory range
    • Implementation of comprehensive conservation plans
    • Maintenance or improvement of monarch overwintering habitat
    • Monarch mortality due to vehicle strikes
    • Small-scale collection, possession, captive-rearing, and release of monarchs
    • Scientific research and educational activities
    • Possession of dead monarchs
    • Sale of captively reared monarchs

The Proposed Rule has been long anticipated. Various conservation groups petitioned the USFWS in 2014 to list the monarch on the ESA. The USFWS deemed the petition scientifically supported to warrant additional review; however, it failed to make a final listing decision within the ESA’s requisite 12-month period. Litigation ensued, and USFWS was given until December 2020 to make a final listing decision. USFWS determined on December 17, 2020, that adding the monarch butterfly to the ESA was “warranted but precluded” by higher-priority listing actions, and the monarch has remained on the candidate waiting list since.

The Proposed Rule was published in the Federal Register on December 12, 2024, thereby formally kicking off the 90-day public review and comment period, which will close on March 12, 2025. The USFWS will then have 12 months to conduct a status review and determine whether to (1) publish a final listing rule, (2) withdraw its proposal, or (3) extend its proposal.

We will track the outcome of the Proposed Rule and provide subsequent legal updates as things continue to develop over the next year. Please reach out to Allen Matkins’ Natural Resources Team if you would like to learn more about the Proposed Rule’s details or public comment process.

SUBSCRIBE

Authors

Jennifer Jeffers

Partner

San FranciscoT(415) 273-8417jjeffers@allenmatkins.com
Email Jennifer Jeffers
Download Jennifer Jeffers Vcard
Jennifer Jeffers LinkedIn

Ryan Chen

Associate

Los AngelesT(213) 955-5624rchen@allenmatkins.com
Email Ryan Chen
Download Ryan Chen Vcard
Ryan Chen LinkedIn

RELATED SERVICES

  • Environmental & Natural Resources

  • Land Use

News & Insights

Manage Subscriptions

Legal Alert

Effective Immediately: CEQA Reform Legislation

7.02.25

Press, Media, & Articles

Allen Matkins Elects Eight Lawyers to Partnership

7.01.25

Photo of mountains with trees and grass in the foreground

Newsletter

California Environmental Law & Policy Update

6.27.25

Press, Media, & Articles

2025 Land Use, Environmental & Natural Resources Update

6.18.25

Newsletter

California Environmental Law & Policy Update

8.08.25

Legal Alert

White House Aims To Accelerate Environmental Permitting For Data Centers

8.06.25

Photo of mountains with trees and grass in the foreground

Newsletter

California Environmental Law & Policy Update

8.01.25

Newsletter

Special Water Supply Edition: California Environmental Law & Policy Update

7.25.25

Press, Media, & Articles

Allen Matkins Secures Major Federal Court Victory in High-Stakes Land Dispute

7.23.25

Event

CEQA Reform Legislation and the Impact of AB 130 and SB 131

7.23.25

Photo of mountains with trees and grass in the foreground

Newsletter

California Environmental Law & Policy Update

7.18.25

Legal Alert

Project Applicants Can Now Pay for Expedited Federal Environmental Review Under NEPA

7.16.25

Newsletter

California Environmental Law & Policy Update

7.11.25

Press, Media, & Articles

Builder’s remedy could help address housing crisis in Oregon

7.03.25

Photo of mountains with trees and grass in the foreground

Newsletter

California Environmental Law & Policy Update

7.03.25

Press, Media, & Articles

How CEQA Reforms Address California's Housing Squeeze

7.03.25

Legal Alert

Effective Immediately: CEQA Reform Legislation

7.02.25

Press, Media, & Articles

Allen Matkins Elects Eight Lawyers to Partnership

7.01.25

Photo of mountains with trees and grass in the foreground

Newsletter

California Environmental Law & Policy Update

6.27.25

Press, Media, & Articles

2025 Land Use, Environmental & Natural Resources Update

6.18.25

Newsletter

California Environmental Law & Policy Update

8.08.25

Legal Alert

White House Aims To Accelerate Environmental Permitting For Data Centers

8.06.25

Photo of mountains with trees and grass in the foreground

Newsletter

California Environmental Law & Policy Update

8.01.25

Newsletter

Special Water Supply Edition: California Environmental Law & Policy Update

7.25.25

Press, Media, & Articles

Allen Matkins Secures Major Federal Court Victory in High-Stakes Land Dispute

7.23.25

Event

CEQA Reform Legislation and the Impact of AB 130 and SB 131

7.23.25

Photo of mountains with trees and grass in the foreground

Newsletter

California Environmental Law & Policy Update

7.18.25

Legal Alert

Project Applicants Can Now Pay for Expedited Federal Environmental Review Under NEPA

7.16.25

Newsletter

California Environmental Law & Policy Update

7.11.25

Press, Media, & Articles

Builder’s remedy could help address housing crisis in Oregon

7.03.25

Photo of mountains with trees and grass in the foreground

Newsletter

California Environmental Law & Policy Update

7.03.25

Press, Media, & Articles

How CEQA Reforms Address California's Housing Squeeze

7.03.25

Legal Alert

Effective Immediately: CEQA Reform Legislation

7.02.25

Press, Media, & Articles

Allen Matkins Elects Eight Lawyers to Partnership

7.01.25

Photo of mountains with trees and grass in the foreground

Newsletter

California Environmental Law & Policy Update

6.27.25

Press, Media, & Articles

2025 Land Use, Environmental & Natural Resources Update

6.18.25

View All
  • Contact Us
  • Terms of Use
  • Cookie Policy
  • Privacy Policy
  • Request Personal Data Information

Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved.

Facebook
LinkedIn
Twitter
Instagram

This publication is made available by Allen Matkins Leck Gamble Mallory & Natsis LLP for educational purposes only to convey general information and a general understanding of the law, not to provide specific legal advice. By using this website you acknowledge there is no attorney client relationship between you and Allen Matkins Leck Gamble Mallory & Natsis LLP. This publication should not be used as a substitute for competent legal advice from a licensed professional attorney applied to your circumstances. Attorney advertising. Prior results do not guarantee a similar outcome. Full Disclaimer