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Keeping Endangered Species Act Consultations On Track After Regulatory "Rug Pull"

What Happened

In early July, a federal district court rolled back a set of rules that govern interagency consultations under the Endangered Species Act. The rollback resets the consultation regulations to conditions that existed before a series of reforms became final in 2019, despite a U.S. Fish and Wildlife Service announcement that the agency is in the process of revising the rules.

Why It Matters

The rule rollback may warrant revisions to draft or ongoing biological assessments or biological opinions supporting the consultation process to ensure they conform to current regulatory standards and terminology. The change should not affect the documentation for completed consultations.

SWCA Lens

SWCA is in the process of identifying the types of projects that are most affected by the rule change. We understand that project timelines are critical to success, and we are implementing strategies to minimize the number of revisions that may be necessary to help ensure a durable consultation process.

Reach out to your Project Manager or to one of SWCA’s Endangered Species Act regulatory specialists for more information, insight, and strategies to keep your consultation on track.

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