Legislation Would Codify Narrow Definition of Critical Habitat for Endangered Species

H.R. 5733 would “codify a final rule of the United States Fish and Wildlife Service relating to the designation of critical habitat under the Endangered Species Act.” On October 29, 2021, the U.S. Fish & Wildlife Service proposed to rescind the January 15, 2021 rule after determining that its narrow definition of “habitat” “inappropriately constrains the Service’s ability to designate areas that meet the definition of ‘critical habitat’ under the [Endangered Species] Act.”