National News

New Interior Guidance Prohibits Telling Developers Endangered Species Act Permits Are Mandatory. “Fish and Wildlife Service (FWS) staff can no longer advise builders they need to obtain a permit mandated by law to maintain endangered species habitat, according to new Interior Department guidance. An April 26 memorandum sent from FWS Principal Deputy Director Greg Sheehan to regional directors wrote that it was ‘not appropriate’ for personnel to tell private parties when it's required under the law for them to seek an incidental take permit (ITP). Businesses and individuals must request an ITP if they believe their developments could interfere with the habitat of endangered species, under the 1973 Endangered Species Act (ESA). Sheehan writes in the memo: ‘It is also vital that staff recognize that whether to apply for a section 10(a)(1)(B) permit is a decision of the applicant. Service staff can and should advise non-federal parties on the law, our regulations and guidance, and the potential for take of listed species incidental to their activities, but it is not appropriate to use mandatory language (e.g. a permit is 'required') in the course of that communication.’” [The Hill, 5/4/18]