Proposed Changes To ESA Habitat Designations Increase Uncertainty

摘要

Uncertainty can be as crippling to business operations as onerous regulations. Oil and natural gas producers are grappling with this uncertainty regarding implementation of the Endangered Species Act. The U.S. Fish & Wildlife Service and the National Marine Fisheries Service (NMFS) are legally obligated by the terms of a court-approved settlement agreement to make determinations on the status of dozens of species under the ESA in the next two years. In addition to these imminent findings, USFWS and NMFS have proposed three significant changes to their regulations and policies regarding critical habitat under the ESA. Despite good intentions, these proposals do not appear likely to give industry that sought-after certainty.