Final Revised ESA Section 7 Rule released – Off-Site Offsets as “Reasonable and Prudent Measures”

On March 27, 2024, the U.S. Fish and Wildlife Service (USFWS) issued three final #rules aimed to improve and strengthen implementation of the Endangered Species Act (ESA). Generally, these revised #regulations will affect the methods by which the Service classifies and lists species, designates critical habitat, conducts interagency coordination, evaluates reasonable and prudent measures, including third-party mitigation options, and how threatened species are treated under the ESA (blanket 4(d) rule). These new rules effectively rescind numerous regulatory changes that had been promulgated during the Trump administration.

Do not hesitate to contact Vince Messerly, PE or Greg Snowden, MS, PWS, CERP to see how these new regulations may affect your project.

More information is available from USFWS here: