Legal brief: Federal wildlife agencies propose ESA changes including narrowing the scope of consultation
On November 21, 2025, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service released four proposed rules revising implementation of the Endangered Species Act. Two proposed rules issued jointly by USFWS and NMFS relate to (i) interagency consultation and (ii) listing/delisting of species and designation of critical habitat. Two additional proposed rules issued solely by USFWS relate to (iii) critical habitat exclusions and (iv) threatened species protections. These alterations to the ESA framework could impact local land use and economic development priorities, advancement of public infrastructure, and federal water project operations.
