What Happened
The U.S. Fish and Wildlife Service (USFWS) has exempted many land use activities affecting the American Burying Beetle (ABB) from regulation under the Endangered Species Act (ESA). This change, consisting of both downlisting the species from endangered to threatened and issuing a “special take rule,” will become effective November 16, 2020.
Read more in the full Regulatory Alert.
Why It Matters
Authorization from USFWS will no longer be required for most land use activities that affect the ABB in the Southern Plains. This is a significant change and particularly beneficial for traditional and renewable energy projects and electric transmission facilities. In the New England and Northern Plains Areas, non-soil disturbing activities (like vegetation management and normal livestock ranching and grazing activities) will no longer be subject to the ESA “take” prohibition.
Activities with a federal nexus, such as when crossing federal lands or requiring another type of federal permit or approval, will still trigger the federal interagency consultation process under Section 7 of the ESA. However, this rule change should substantially streamline these consultations.
SWCA Lens
SWCA can help you understand how your activities fit within the framework of this rule change. We have expert biologists with the permits necessary to assist you with addressing ABB issues that…
