Proposed ESA Changes and What They Mean for Your Project
As regulatory changes continue to unfold in 2025, another high-impact proposal is poised to reshape how environmental reviews are conducted nationwide: a move to significantly scale back habitat protections under the Endangered Species Act (ESA). At EnviroScience, we stay ahead of such developments so our clients—especially those managing federally funded infrastructure and development projects—can make informed, confident decisions.
In this article, we break down the proposed rule, examine its implications, and share how our team will continue to support endangered species compliance no matter how the regulatory environment evolves.
What’s Changing Under the Endangered Species Act?
On April 16, 2025, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service proposed a rule to rescind the regulatory definition of “harm” under the ESA. This would remove habitat modification from the scope of what constitutes prohibited “harm” to listed species—a major shift from longstanding policy. If finalized:
- Habitat destruction would no longer be considered harm, even if it affects species’ ability to breed, feed, or shelter
- Regulatory oversight for protecting critical habitat areas could be significantly weakened
Read about the proposed rule here:
Implications for Environmental Review and Compliance
While this rule is still under review and open to public comment, it has major implications for:
- Endangered species permitting
- NEPA and ESA coordination
- Biological assessments and federal consultations
Although this proposal may appear to ease regulatory burdens for developers, it could increase legal risks, especially if litigation arises over how “harm” is interpreted in sensitive or contested habitats. Inconsistent application of these changes across agencies and courts may also complicate project planning and approvals.
How EnviroScience Ensures Endangered Species Compliance
EnviroScience remains committed to helping you navigate endangered species protections under any regulatory framework. Our expertise spans ecological science, environmental law, and interagency coordination.
Threatened & Endangered Species Surveys
We conduct comprehensive habitat assessments and field surveys to:
- Detect presence of listed species
- Evaluate potential project impacts
- Provide mitigation guidance that aligns with ESA, NEPA, and U.S. Army Corps of Engineers requirements
Even if habitat protections are scaled back under federal definitions, our clients benefit from documentation that supports:
- Legal defensibility
- Permit application success
- Stakeholder and community transparency
Environmental Compliance Services
From early-phase planning through post-construction monitoring, we help clients anticipate and meet environmental compliance needs—even as laws change.
Should I Adjust My Project Plans?
For now, the rule is only proposed—it is not yet law. We recommend that clients:
- Continue existing species survey protocols
- Maintain a precautionary approach where habitat conflicts may arise
- Consult early with environmental specialists (like us!) to understand risk exposure
A change in regulation doesn’t remove a project’s need for scientific accountability, public transparency, or due diligence—especially on federal, DOT, or grant-funded projects.
Stay Informed with Expert Environmental Consultants
EnviroScience will continue to track the ESA rule and interpret how it may affect permitting processes, fieldwork standards, and agency consultation. No matter the outcome, our clients can count on accurate guidance, streamlined project support, and environmental solutions backed by science.
Contact us today to discuss how this proposed rule may affect your project or to schedule a Preliminary Site Assessment.
Few environmental firms in the country retain EnviroScience’s degree of scientific know-how, talent, and capability under one roof. The diverse backgrounds of our biologists, environmental engineers, scientists, and divers enable us to provide comprehensive in-house services and an integrated approach to solving environmental challenges—saving clients time, reducing costs, and ensuring high-quality results.
Our client guarantee is to provide “Excellence in Any Environment,” meaning no matter what we do, we will deliver on our Core Values of respect, client advocacy, quality work, accountability, teamwork, and safety. EnviroScience was created with the concept that we could solve complex problems by empowering great people. This concept still holds true today as our scientists explore the latest environmental legislation and regulations and incorporate the most up-to-date technology to gather and report data.
EnviroScience expertise includes but is not limited to aquatic surveys (including macroinvertebrate surveys and biological assessments); ecological restoration; ecological services (including impact assessments, invasive species control, and water quality monitoring); emergency response; engineering and compliance services; endangered mussel surveys; laboratory and analysis; stormwater management; sustainability services; threatened and endangered species; and wetlands and streams (including delineation and mitigation). Further, EnviroScience is one of the few biological firms in the country that is a general member of the Association of Diving Contractors International (ADCI) and offers full-service commercial diving services.