Designation of Critical Habitat under the Endangered Species Act (ESA)

RS20263 -- Designation of Critical Habitat under the Endangered Species Act (ESA)

Updated April 11, 2005

Summary

The agencies that implement the Endangered Species Act (ESA) regard the designation of critical habitat (CH) as providing only very limited benefits beyond those achieved through the listing of species and the avoidance of jeopardy to them. Several courts have now held that the relevant regulation and interpretation that result in this conclusion are erroneous and do not carry out the intent of Congress. H.R. 1299 in the 109th Congress would change the definition of CH and move the time at which critical habitat must be designated for a species from being (basically) concurrent with the listing of the species to the earlier of either three years after listing or one year after approval of a recovery plan for that species. This report provides background for considering agency regulations and current legislative proposals on CH, and may be updated as circumstances warrant.