May 27, 2014 โ Elizabeth Lake and Rafe Petersen of Holland & Knight LLP say the proposed rules โwould radically change the regulatory definition and significance of โcritical habitat,โ resulting in a considerable expansion of the impact of the ESA on private land.โ
The U.S. Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Administrationโs (NOAAโs) National Marine Fisheries Service proposed two new rules and a policy related to their process of protecting and designating โcritical habitatโ for species under the Endangered Species Act (ESA), according to an article by JD Supra available here.
Elizabeth Lake and Rafe Petersen of Holland & Knight LLP say the proposed rules โwould radically change the regulatory definition and significance of โcritical habitat,โ resulting in a considerable expansion of the impact of the ESA on private land.โ
The first proposed rule would revise the definition of โadverse modificationโ of critical habitat. The proposed rule responds to two court decisions that set aside the 1986 definition of โadverse modification.โ
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