Beveridge & Diamond

Bush Administration Endangered Species Act Consultation Rule Revoked

Beveridge & Diamond, P.C., April 29, 2009

On April 28, 2009, the Departments of Commerce and the Interior revoked a rule put in place by the Bush administration in December 2008 that altered long-standing procedures on interagency consultation under ESA section 7.  As a result of this revocation, federal agencies must once again consult with the U.S. Fish and Wildlife Service and National Oceanic Atmospheric Administration before taking any action that may affect threatened or endangered species.

A copy of the Department of the Interior press release announcing this decision is available at

For additional information about this regulatory change, please contact Fred Wagner at, Parker Moore at, or Tim Sullivan at




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