2026
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Regulatory Alerts
Critical Habitat Designation for the Rusty Patched Bumble Bee
Senior Natural Resources Team Lead
Drew Carson
Drew is one of SWCA’s Midwest lead project managers specializing in renewable energy projects and Endangered Species Act compliance. He is a federally permitted bat biologist with 16 seasons of field survey experience.
Director | Minnesota and Dakotas
Griffin Bachhuber
Griffin has completed projects focused on power generation, transmission, oil and gas, Departments of Transportation, and residential and commercial land development throughout the Midwest and in central and western states. His work has recently been heavily focused on all facets of preconstruction renewable energy development in the wind and solar industries, including natural resources reporting, permitting, wetland delineation, ecological and threatened and endangered species assessments, and due diligence. As part of his work in renewable energy development, he has supported several Public Utilities Commission/Public Service Commission site permit applications for large-scale wind farms in Minnesota, North Dakota, South Dakota, and Iowa.
Principal Project Management Team Lead
Kely Wabnitz
Kely Wabnitz is a biologist and principal project management team lead specializing in complex permitting issues, is an Endangered Species Act (ESA) regulatory practitioner, and has worked throughout the country, specifically the Midwest and Great Plains, for more than two decades. Kely has outstanding experience in ESA compliance and National Environmental Policy Act (NEPA) review documentation, a thorough knowledge of the biology and conservation of listed species in the Midwest, and extensive experience assisting clients with regulatory issues throughout the country. She routinely manages challenging compliance and permitting issues related to large-scale, regional, and multistate development projects. Kely has robust experience navigating related discussions, coordination, and consultations with the U.S. Fish and Wildlife Service (USFWS), specifically in Regions 2, 3, 5, and 6, and with state public siting commissions and natural resources agencies. She has worked with clients throughout the United States and has supported the successful acquisition of state and local siting permits through development of statutorily complete applications, preparation of written testimony requiring subject matter expertise, and support during public hearings.
Written By
Drew Carson
Senior Natural Resources Team Lead
Griffin Bachhuber
Director | Minnesota and Dakotas
Kely Wabnitz
Principal Project Management Team Lead
Posted
June 17, 2026
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Overview
On June 1, 2026, the U.S. Fish and Wildlife Service finalized critical habitat for the rusty patched bumble bee (Bombus affinis) across approximately 1,534,951 acres in 14 units across six states. The designation becomes effective July 1, 2026.
Regulatory Context
All designated units were occupied at the time of listing in 2017. As a result, federal actions that may affect newly designated critical habitat already require consultation under Section 7 of the Endangered Species Act (ESA). The critical habitat designation therefore adds an adverse modification analysis but is unlikely to operate as an independent trigger for consultation.
Key Habitat Features
- Overwintering: contiguous upland forest at least 25 meters from a non-forested edge, with suitable leaf litter or duff and spring forage resources.
- Nesting (cover): upland grasslands, shrublands, savannas, and forest-edge interface extending into the forest.
- Nesting (cavities): abandoned rodent or other mammal burrows and similar cavities below the surface.
- Soils: well-drained, uncompacted, loose soils sheltered from the elements.
- Foraging: diverse, abundant native floral resources present throughout the active season.
Adverse Modification Considerations
Recent court decisions have introduced uncertainty in how adverse modification is evaluated, including potential shifts away from a rangewide “as a whole” standard. This increases the importance of evaluating impacts at the unit or action-area scale.
Interior forest is a limiting habitat feature, particularly in fragmented landscapes. Actions that remove forest or increase fragmentation are most likely to raise adverse modification concerns.
Implications for Project Development
Energy, transmission, transportation, and development projects in the Upper Midwest and Appalachians with a federal nexus should anticipate focused review of forest clearing, fragmentation, soil disturbance, and connectivity among habitat patches. Habitat fragmentation and loss of interior forest conditions are primary risk drivers.
Recommended Strategies
- Recognize that the designation applies only through ESA Section 7 for actions with a federal nexus.
- Assess impacts based on interior forest loss and creation of new forest edge at the unit scale.
- Avoid or minimize fragmentation and maintain habitat connectivity.
- Schedule ground disturbance outside overwintering periods where practicable and protect soil conditions.
- Review existing biological opinions for potential reinitiation.
How SWCA Can Help
SWCA provides integrated ESA support, including habitat assessments, effects analysis, and permitting strategy development. Contact your project manager or one of our nationwide experts today.
