Natural Resources Updates

On April 17, 2025, the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services) published a proposed rule in the Federal Register to rescind their respective regulatory definitions of the term “harm” under the federal Endangered Species Act (ESA). The proposal would eliminate language that explicitly includes “significant habitat modification or degradation” as a form of prohibited “take” when it “actually kills or injures wildlife.”

The proposed rule reflects a broader shift in federal environmental policy under the new Administration in Washington, D.C. — a trend also evident in recent efforts to scale back federal agency authority under the National Environmental Protection Act (NEPA) (as we summarized here) and in other recent Executive Branch actions.

To read our full analysis of this development, please click here.

WHITE HOUSE COUNCIL ON ENVIRONMENTAL QUALITY RELEASES DRAFT NEPA TEMPLATE FOLLOWING CEQ’S RECISSION OF LONGSTANDING REGULATIONS

Several news outlets reported that the White House Council on Environmental Quality (CEQ) circulated a draft template dated April 8, 2025 among federal agencies to assist in updating their procedures for implementing the National Environmental Policy Act (NEPA). CEQ included a cover letter with the template clarifying that federal agencies may adopt, modify, or disregard the suggested procedures, which do “not establish new requirements, create legal obligations, or represent CEQ's final position on how agencies should implement NEPA.”

Nonetheless, the draft template includes notable potential departures from NEPA practice under CEQ’s previous regulations — originally adopted in 1978 — and appears to prioritize shorter environmental review periods and greater adherence to statutory time limits, while narrowing opportunities for public input.

To read our full analysis of this development, please click here.