Summary: Endangered Species Act Amendments Final Rule

On April 5, 2024, the U.S. Fish and Wildlife Service (FWS) finalized three rules under the Endangered Species Act (ESA) regarding designation of critical habitat, threatened species, and interagency cooperation in upholding the Act. These revisions will be effective on May 6, 2024. Additional information and resources are available on the FWS website. ARTBA members are affected by Endangered Species Act regulations because critical habitat designations require obtaining additional federal permits before initiating a particular transportation construction project. When misapplied, critical habitat designations can potentially impede or even halt projects without providing discernible benefits to the endangered species.

Read ARTBA’s regulatory summaries of the three final rules.