18 States Sue Feds Over Expanding ‘Critical Habitat’ to Areas With No Protected Species

[rangerrebew]

18 States Sue Feds Over Expanding ‘Critical Habitat’ to Areas With No Protected Species

(CNSNews.com) – Eighteen states have filed a lawsuit [1] against the federal government over Final Rules that expand the definition of “critical habitat [2]” to include areas that are currently unoccupied by any threatened or endangered species [3].

The Final Rules, Listing Endangered and Threatened Species and Designating Critical Habitat [4], which were published in the Federal Register on February 11 and went into effect March 14, expand the definition of “critical habitat” to include areas in which “species presence or habitats are ephemeral in nature, [or] species presence is difficult to establish through surveys (e.g. when a plant’s ‘presence’ is sometimes limited to a seed bank).”

Source URL: http://www.cnsnews.com/news/article/barbara-hollingsworth/18-states-sue-feds-over-expanding-critical-habitat-areas-no

[Doug Loss]

18 States Sue Feds Over Expanding ‘Critical Habitat’ to Areas With No Protected Species

(CNSNews.com) – Eighteen states have filed a lawsuit [1] against the federal government over Final Rules that expand the definition of “critical habitat [2]” to include areas that are currently unoccupied by any threatened or endangered species [3].

The Final Rules, Listing Endangered and Threatened Species and Designating Critical Habitat [4], which were published in the Federal Register on February 11 and went into effect March 14, expand the definition of “critical habitat” to include areas in which “species presence or habitats are ephemeral in nature, [or] species presence is difficult to establish through surveys (e.g. when a plant’s ‘presence’ is sometimes limited to a seed bank).”

Source URL: http://www.cnsnews.com/news/article/barbara-hollingsworth/18-states-sue-feds-over-expanding-critical-habitat-areas-no

From what I can tell, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) have no statutory authority to make this expansion.  It was done through one of Obama's EOs, which means that it can be undone on Jan. 21 with a simple EO from Trump (if he decides to do so).  Something on the order of, "all regulatory updates made pursuant to Executive Order 13563 are hereby null and void."

[Cripplecreek]

From what I can tell, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) have no statutory authority to make this expansion.  It was done through one of Obama's EOs, which means that it can be undone on Jan. 21 with a simple EO from Trump (if he decides to do so).  Something on the order of, "all regulatory updates made pursuant to Executive Order 13563 are hereby null and void."

I wouldn't count on Trump for this one. He's already stated that he doesn't trust the states to manage their own lands.

[rangerrebew]

From what I can tell, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) have no statutory authority to make this expansion.  It was done through one of Obama's EOs, which means that it can be undone on Jan. 21 with a simple EO from Trump (if he decides to do so).  Something on the order of, "all regulatory updates made pursuant to Executive Order 13563 are hereby null and void."

I would think the EPA most likely doing a land grab so others can't use the land for anything except what they would approve.