Regulatory Radar
Endangered Species Act (ESA)

USFWS Finalizes Critical Habitat Designation for Rusty Patched Bumble Bee

What Happened

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.

Read more in the full Regulatory Alert.

Why It Matters

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.

Implications

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.

SWCA Lens

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.

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