Long-Eared Bat Designation Could Endanger Transportation Construction

What happened: The U.S. Fish and Wildlife Service (FWS) March 23 proposed classifying the northern long-eared bat as ‘endangered.’ Once a species is so designated, its ‘critical habitat’ must be protected under the Endangered Species Act (ESA). FWS cites ‘white nose syndrome,’ a bat-killing fungus, as the ‘primary factor’ for seeking the endangered designation.

Why it matters: If enacted, this 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. The Obama administration in 2016 declined to list the bat as ‘endangered,’ stating it was ‘not prudent’ because impacts to habitat were ‘not a limiting factor in its survival’ and did not contribute to the spread of white nose syndrome. Instead, FWS listed the bat as ‘threatened,’ which resulted in fewer regulatory restrictions.

What’s next: FWS will take comments on the endangered listing through May 23. ARTBA, in opposition, will argue the ‘critical habitat’ process is overly broad and note there is no proven link between construction activities and the spread of ‘white nose syndrome.’