Endangered Species Law & Policy

The Fifth Amendment to the U.S. Constitution states, in part, “nor shall private property be taken for public use, without just compensation.” The federal Endangered Species Act deals with a different type of “taking.” Section 9 of the Endangered Species Act generally prohibits any person from “taking” any species of fish or wildlife listed as endangered. 16 U.S.C § 1538. This is a general prohibition, because if a project involves a federal permit or approval, a federal resource agency can prepare a biological opinion under Section 7 of the Endangered Species Act and ...

On March 29, 2025, the U.S. District Court for the Western District of Texas (District Court) vacated the Endangered Species Act (ESA) special 4(d) rule for the northern distinct population segment (DPS) of the lesser prairie-chicken (LEPC). The 4(d) rule had prohibited, in most circumstances, “take” of the species’ northern DPS. Plaintiffs challenged the 4(d) rule in a number of ways, including on grounds that the U.S. Fish and Wildlife Service (Service) should have considered the economic impact of the 4(d) rule prior to its promulgation. As a result of the vacatur, it ...

On January 20, 2025, President Trump issued Executive Order 14154, “Unleashing American Energy,” which requires all agencies to identify actions that potentially burden deployment of domestic energy resources and develop plans to revise, rescind, and suspend any such actions (Executive Order). On February 3, 2025, Secretary of the Interior, Doug Burgum (Secretary), issued Secretarial Order 3418, “Unleashing American Energy” (Secretarial Order), which provides 15 days for agencies within the Department of the Interior to submit a plan on how they will comply with the Executive Order. … 

On January 20, 2025, the U.S. Fish & Wildlife Service (Service) will publish a positive 90-day finding on a 2016 petition (Petition) to delist the golden-cheeked warbler (Setophaga chrysoparia) (GCWA). The decision comes on the heels of the agency’s recent recommendation to downlist the GCWA from endangered to threatened. Pursuant to Endangered Species Act section 4 and relevant implementing regulations, the Service will receive information from the public to inform a more detailed status review, and will publish a 12-month finding in which the agency will make a final ...

On January 7, 2025, the U.S. Fish & Wildlife Service (Service) announced that, following the completion of the Service’s 5-year status review (5-year Review) of the golden-cheeked warbler (Setophaga chrysopharia) (GCWA), the agency is recommending the species be downlisted from endangered to threatened under the Endangered Species Act (ESA). The species will remain listed as endangered unless and until the species is formally downlisted under the ESA pursuant to the necessary rulemaking process.

Citing better understanding of the GCWA and its habitat needs, along with ...