FWS and NMFS Propose Four Rules Overhauling ESA Implementation: Greater Emphasis on Species-Specific Analysis, Economic Impacts, and Critical Habitat Exclusions
On November 21, 2025, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (collectively, the Services) have issued a coordinated package of four proposed rules that would significantly revise how the Endangered Species Act (ESA) is implemented. [1] Two of the rules apply to both agencies, and two are FWS-only. Together, the proposals would shift ESA implementation toward a more species-specific, economically informed, and text-focused framework, with important implications for energy, infrastructure, and land-use projects.
Endangered Species Act Regulation Revisions
On March 28, 2024, the U.S. Department of the Interior Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Administration National Marine Fisheries Service (NMFS) finalized three rules that increase Endangered Species Act (ESA) protections for plants and animals. The rules, which had been rescinded or changed under the Trump administration, focus on increasing protections for threatened species under the 4(d) blanket rule, increasing the processes for listing species, restoring habitat protections and designating of critical habitat, and increasing cooperation with other federal agencies. The services received approximately 468,000 public comments collectively across the three rules.
