November 17, 2022 — The Biden administration can reevaluate changes made by the previous administration to the Endangered Species Act without at the same time fighting a trio of lawsuits by environmentalists and state and local governments that challenged the 2019 overhaul of the law.
U.S. District Judge Jon Tigar in Oakland on Wednesday granted the requests by the U.S. Fish and Wildlife Service and National Marine Fisheries Service to send the 2019 changes back to them for further reconsideration. The judge left the changes to the ESA intact, saying he couldn’t vacate them without having first ruled on the merits of the environmentalists’ claims.
The Center for Biological Diversity and other environmental organization sued in 2019 after the Trump administration weakened several provision of the ESA such as not automatically extending protections against killing, harassing, harming or collecting threatened species as well as endangered species.