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EPA Releases Proposed Guidance for Antimicrobial Pesticides that Require Endangered Species Act Reviews

Nanotech

Environmental Protection Agency (EPA) released, and is seeking public comment on, its proposed guidance for antimicrobial pesticide registrants intended to improve the efficiency of Endangered Species Act (ESA) considerations for new active ingredients, new uses, and registration review actions for antimicrobial pesticides.

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Agencies Move to Rescind “Harm” Definition under Endangered Species Act

Endangered Species Law

On April 17, 2025, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (collectively, Services) published a notice in the Federal Register proposing to rescind the Services’ respective definitions of “harm” under the Endangered Species Act (ESA) (Proposed Rule).

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U.S. Fish and Wildlife Service Recommends Downlisting Golden-cheeked Warbler

Endangered Species Law

On January 7, 2025, the U.S. The species will remain listed as endangered unless and until the species is formally downlisted under the ESA pursuant to the necessary rulemaking process.

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Polling Shows GTA Voters Would Punish Federal Liberals if They Fail to Designate 413 for Impact Assessment and Protect Habitat and Waterways

Enviromental Defense

Background information: The Minister of Environment and Climate Change must decide whether the federal government will re-designate Highway 413 for a federal impact assessment by January 19, 2025 and the Minister of Fisheries, Oceans and the Canadian Coast Guard must issue a habitat protection order for Redside Dace by January 25, 2025.

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U.S. Fish & Wildlife Service Issues 90-Day Finding on Golden-cheeked Warbler Delisting Petition

Endangered Species Law

On January 20, 2025, the U.S. The decision comes on the heels of the agency’s recent recommendation to downlist the GCWA from endangered to threatened. 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).

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District Court Vacates Lesser Prairie-Chicken 4(d) Rule

Endangered Species Law

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).

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FWS and NMFS Propose to Eliminate Habitat Loss From the Definition of “Harm” Under the ESA: Is This the “Best Meaning” of the ESA?

Acoel

Posted on May 2, 2025 by Seth D. Jaffe Earlier this week, my colleagues Adam Kahn and Kevin Chen posted about the proposed rule issued by the Fish and Wildlife Service and the National Marine Fisheries Service that would rescind the definition of harm under the Endangered Species Act to exclude adverse impacts on habitat.