Endangered Species Rule to Face Legal Challenges From All Sides

The Biden administration’s recent endangered species rules are vulnerable to court challenges by both environmentalists and industry groups because the proposals keep some Trump-era provisions while providing safeguards that anger developers.

“There will be litigation over these rules,” said Kristen Boyles, a managing attorney for Earthjustice, because Trump administration provisions slated to remain are the “same parts of the rule that conservation groups had challenged.”

The US Fish and Wildlife Service and the National Marine Fisheries Service in the coming months are expected to finalize three proposed rules published in June that would implement the Endangered Species Act. They include ...