What happened: ARTBA says the U.S. Fish and Wildlife (FWS) does not have enough evidence to justify its proposed designation of the northern long eared bat as an endangered species. The agency says the designation is justified because ‘white nose syndrome’ disease is severely impacting bat populations.

Why it matters: If enacted, the endangered species designation could impose significant new regulatory requirements and development restrictions in up to 37 states, just as the bipartisan infrastructure law provides new funding for critical transportation construction projects. ARTBA says FWS does not know how the disease is caused or what can be done to prevent it. Without such information, the association explained in May 23 comments, the listing could have “significant negative consequences – whether intended or not – for the Biden administration’s commitment to rebuilding the nation’s transportation infrastructure.’

What’s next: ARTBA will continue to work with FWS as it considers these and other comments it has received. The agency’s timetable for a final determination on the bats’ status is unclear.

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