Modernized Endangered Species Act Rules Reinstated

Modernized Endangered Species Act Rules Reinstated

Modernized rules on the Endangered Species Act are officially reinstated after an appeals court decision.

The Ninth Circuit Court of Appeals ruled that a district court improperly vacated Endangered Species Act revisions. The appeals court says the lower court erred by reversing the regulations without considering whether they were lawful. Travis Cushman, deputy general counsel for litigation and public policy with the American Farm Bureau Federation talks about the decision.

“There was a challenge against a modernized regulation that AFB helped to get through. It was challenged and a lower court recently vacated it. AFBF appealed, and we just won the Ninth Circuit. The Ninth Circuit agreed with us that the lower court incorrectly vacated the decision.”

He says this is a vital decision is for farmers and ranchers.

“There's two reasons. One, it reinstates an important and modernized Endangered Species Act that we think is much, much better to protect native species but also to ensure that farmers and ranchers are able to do their work. Second, it creates a much, much better precedent that forces federal courts to actually do the job of looking at the law before they decide to get rid of it. This is a problem that we've faced many times, where groups decide they don't like the rules that we get done, go to certain courts and get the rules kicked out without the court ever actually looking at the rule and saying is this rule lawful or not?”

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