Backfilling the federal ESA - Legal Planet

Backfilling the federal ESA - Legal Planet

I wrote this past spring about a proposal by the Trump Administration to eliminate the definition of harm in the regulations implementing the federal Endangered Species Act (ESA), which might eliminate protections from habitat modification for federally listed species.  I also noted three different steps California could do to backfill the federal ESA if such a regulatory change occurred to ensure that at least California species remained protec…