The Endangered Species Act Regulatory Reform Pendulum Swings Again—Possibly For the Final Time

The Endangered Species Act Regulatory Reform Pendulum Swings Again—Possibly For the Final Time

Over the last decade, federal Endangered Species Act (ESA) regulations have swung wildly from one administration to the next. In November 2025, the Fish and Wildlife Service (the Service) and National Marine Fisheries Service announced the fourth such swing, proposing to amend four ESA rules. But this time may be different due to the Supreme Court’s decision in Loper Bright, which overturned the deference doctrine that encouraged federal agencie…