Reinstate the Trump ESA critical habitat rules

What has happened

1. Jul 21, 2026 Partially done

   The exclusions half is final. FWS's rule revising the §4(b)(2) regulations "articulate[s] when and how we determine whether the benefits of excluding an area outweigh the benefits of designating the area as critical habitat" — the substance of the December 2020 Trump exclusions rule that the 2024 Biden rules had rescinded. The other half is not: the proposed rule on listing and designating critical habitat, which carries the definition of habitat and the not-prudent criteria, was still a proposal on 2026-08-27. SO 3418 §4(c) had directed the review that produced both.

   • FWS final rule: Endangered and Threatened Wildlife and Plants; Regulations for Designating Critical Habitat

     Primary Executive branch Jul 21, 2026

   • Interior press release: Trump Administration Finalizes Endangered Species Act Regulation Reform

     Primary Executive branch Jul 17, 2026

   • Secretary's Order 3418, signed text — §4 directs action plans to suspend, revise or rescind SO 3398, SO 3399 and SO 3401 and the Biden-era rules listed with them

     Primary Executive branch Feb 3, 2025

2. Nov 21, 2025 Attempted

   The Fish and Wildlife Service proposed four ESA rules on one day, two of them the ones this Quote names: "Regulations for Designating Critical Habitat" (the §4(b)(2) exclusion analysis) and "Listing Endangered and Threatened Species and Designating Critical Habitat" (the designation criteria, including when designation is not prudent and how unoccupied habitat is treated). Proposals only.

   • FWS proposed rule: Endangered and Threatened Wildlife and Plants; Regulations for Designating Critical Habitat

     Primary Executive branch Nov 21, 2025

   • FWS proposed rule: Endangered and Threatened Wildlife and Plants; Listing Endangered and Threatened Species and Designating Critical Habitat

     Primary Executive branch Nov 21, 2025