“Experimental Populations” Outside Historical Range Proposal: Will It Get the Frog Out of Hot Water?
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Date
2023-04-28
Authors
Miller, Carol J.
Meyer, John C.
Persons, Bonnie B.
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
Abstract
To address the impact of climate change on habitats of endangered and threatened species, the U.S. Fish and Wildlife Service is proposing a 2022 rule change to allow “experimental populations” to be introduced into habitat outside the species’ historical range. For essential experimental populations, habitat could be designated beyond current or historical range where “little to no habitat remains within the historical range of a species or where formerly suitable habitat . . . is undergoing, irreversible decline or change, rendering it unable to support one or more life history stages for the species.” A statutory prerequisite (under Endangered Species Act (ESA) section 10(j)) to designation of critical habitat for an experimental population is that “such population is essential to the continued existence of an endangered species or a threatened species.” The ESA defines “critical habitat” but does not separately define “habitat.” Designation of “critical habitat” has been complicated by the Weyerhaeuser v. FWS decision, in which the Supreme Court concluded that “critical habitat” must first be “habitat.”
Description
72 pages
Keywords
Climate change, Endangered species, Environmental protection, Habitat
Citation
38 J. Env’t. L. & Litig. 1