The U.S. Interior Department’s Fish and Wildlife Service today announced a final rule effective Tuesday, Jan. 19 that amends Endangered Species Act regulations to establish a process for excluding areas of critical habitat.
The final rule outlines when and how an exclusion analysis will be conducted, including identifying a non-exhaustive list of categories of potential impacts that will be considered. USFWS notes that the rule reflects agency experience, codifies and makes modifications to current agency practice, and responds Supreme Court case law.
