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ESA Habitat Protection — May 19, 2025

May 7, 2025

A newly introduced federal rule is proposing to redefine the term “harm” under the 1973 Endangered Species Act (ESA)—removing habitat destruction from the equation. This would give the oil and coal companies “license to kill” all wildlife.

Gray wolves were listed as endangered in 1974.  Reps. Boebert and Tiffany Reintroduce Legislation to Delist the Gray Wolf. Photo courtesy of Northland College’s Timber Wolf Alliance.

The rusty-patched bumble bee, the monarch butterfly, and the wolf — are some of the rare wildlife species that rely on protection from the ESA to survive.

The U.S. Fish and Wildlife Service and the National Marine Fisheries Service proposed a rule to rescind the definition of “harm” under the ESA, which includes habitat modification or degradation. The push to allow the destruction of endangered species’ habitat would leave no path to recovery for wildlife across the state and country and would make it easier for the oil and coal industry to degrade ecosystems without consequence.

What you can do:

Information on submitting comments can be found at regulations.gov or by searching for docket number FWS-HQ-ES-2025-0034. This docket also includes information about this listing proposal.

The U.S. Fish and Wildlife Service is the only agency in the federal government whose primary responsibility is the conservation and management of fish, wildlife, plants, and their habitats throughout the United States. You can read about the legal basis and the precedent under Trump Administration to Strip Endangered Species’ Protections.

Go to Regulations.gov and let the U.S. Fish and Wildlife Service know what you think. And make sure Congress knows how you feel about supporting the monarch butterflies.

You may submit comments by one of the following methods:

(1) Electronically: Go to the Federal eRulemaking portal: https://www.regulations.gov. In the Search box, enter FWS–R3–ES–2034, which is the docket number for this rulemaking. Then, click on the Search button. On the resulting page, in the panel on the left side of the screen, under the Document Type heading, check the Proposed Rule box to locate this document. You may submit a comment by clicking on ‘‘Comment.’’

(2) By hard copy: Submit by U.S. mail to: Public Comments Processing, Attn: FWS-HQ-ES-2025-0034, U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041–3803.

 

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