Endangered Species Protections Draw New Legal Focus Post-Chevron

Lawyers and analysts are bracing for legal battles over every aspect of the Endangered Species Act in a post-Chevron world, but the spirit and letter of the law could insulate endangered species protections from being gutted by future administrations.

Developers and other industry groups are expected to challenge nearly every federal agency interpretation of ambiguous terms in the ESA following the Supreme Court’s June 28 ruling in Loper Bright Enterprises v. Raimondo. Environmental attorneys are debating the possibility that imperiled species could end up winning those court battles, especially in a possible second Trump administration.

The Loper Bright decision ...