Endangered Species Act: U.S. Fish & Wildlife Service Finalizes Regulatory Definition for the Term "Habitat"

On Wednesday, December 16, 2020, the U.S. Fish & Wildlife Service (the Service) finalized for the first time a regulatory definition for the term “habitat,” as the term is used in the Endangered Species Act (ESA) and the various implementing regulations. See 85 Fed. Reg. 81,411 (Dec. 16, 2020). The definition becomes effective on January 15, 2021. We previously reported on the Service’s publication of the proposed definition, 85 Fed. Reg. 47,333 (Aug. 5, 2020). A link to the prior post on the...
By: Mitchell, Williams, Selig, Gates & Woodyard,

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