ATTORNEY GENERAL RAOUL CHALLENGES TRUMP ADMINISTRATION’S ROLLBACKS OF ENDANGERED SPECIES ACT REGULATIONS
New Rules Put Species and Their Habitats at Risk
Chicago – Attorney General Kwame Raoul, as part of a coalition of 21 attorneys general, today will file two lawsuits to protect endangered and threatened species.
The lawsuits, one against the U.S. Fish and Wildlife Service (FWS) and another against FWS and the National Marine Fisheries Service (NMFS), challenge new rules that remove essential protections for wildlife under the Endangered Species Act (ESA) and threaten the survival of imperiled species. Raoul and the attorneys general argue the rules make it easier for private companies or individuals to modify or degrade the habitats of listed threatened and endangered species, leaving threatened species without core protections.
“The Endangered Species Act has protected thousands of threatened and endangered species for years, and the Trump administration’s actions will ultimately threaten those same species and their habitats,” Raoul said. “I will continue to push back on the federal government’s attempts to ignore or roll back existing environmental protections that help states protect our natural resources.”
The coalition’s first lawsuit challenges the FWS and NMFS’ rescission of the longstanding regulatory definition of “harm.” Previously, the rule defined harm to include “significant habitat modification or degradation” that could kill or injure wildlife by damaging species’ natural habitats and behavioral patterns, such as breeding, feeding or sheltering. Raoul and the coalition state that altering this definition reduces protections for habitats and makes it easier for them to be damaged or destroyed, even when that destruction ultimately threatens the survival of protected species.
The second lawsuit challenges two rule changes by the FWS that reduce protections for threatened species and create a new process for designating areas as a “critical habitat.” The first rule rescinds FWS’ regulations that automatically protect all newly listed threatened species. The second rule establishes a new process for designating areas as a “critical habitat,” which will leave areas essential to species’ conservation without the protections that Congress intended. Together, these changes put threatened and endangered species and their habitats at risk and undermine the comprehensive protections Congress mandated under the ESA.
Raoul and the attorneys general explain research shows habitat loss is the primary cause of species decline. In both lawsuits, Raoul and the coalition argue the FWS and NMFS’ rationale for gutting habitat protections is contrary to the intent of the ESA, which Congress enacted to protect endangered and threatened wildlife and the ecosystems they depend on for survival.
In the second lawsuit, Raoul and the coalition argue that the FWS’ rescission of automatic protections for newly listed threatened species is contrary to the ESA’s conservation purpose because it leaves threatened species without protection necessary for their survival and substantially increases the risk that they will become endangered. The coalition argues these rules are also contrary to the Administrative Procedure Act (APA) and National Environmental Policy Act (NEPA).
Illinois has a strong interest in protecting its natural resources, wildlife and environment, and the state has enacted numerous laws and invests considerable resources to protect endangered and threatened species and habitats. Pursuant to state law, Illinois is home to 175 endangered and threatened species, including migratory species such as the federally-listed Piping Plover, Pallid Sturgeon, Rufa Red Knot, Gray Bat and Indiana Bat. Illinois has a substantial interest in protecting these and many other imperiled species within and outside the state’s borders and invests millions of dollars annually for their protection. Raoul said the new rules burden the state’s efforts to protect endangered and threatened species and habitats by making consultations more complex and time-consuming and diverting resources away from important conservation activities.
Joining Raoul in filing today’s lawsuits are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, Wisconsin and Washington.
Legal Disclaimer:
EIN Presswire provides this news content "as is" without warranty of any kind. We do not accept any responsibility or liability for the accuracy, content, images, videos, licenses, completeness, legality, or reliability of the information contained in this article. If you have any complaints or copyright issues related to this article, kindly contact the author above.
