Washington, D.C.; April 4, 2018: On Monday, Department of Interior took the first step in withdrawing an illegal and counterproductive rule forbidding the “take” of hundreds of threatened species.

The move comes in response to two petitions PLF filed asking DOI and the Fish and Wildlife Service to rescind the regulation.

“If the Department of Interior follows through on its proposal, it will be a big win for the rule of law and species’ conservation,” PLF attorney Jonathan Wood said. “The threatened species rule unlawfully overrules Congress’ direction to regulate endangered and threatened species differently based on the degree of threats they face. Worse, by eliminating the distinction between the two categories, the rule undermines key incentives for conservation by denying property owners any reward for successfully contributing to the recovery of endangered species. Repealing this rule will be an essential step in boosting the rate at which species recover, the historic rate of which is only two percent.”

When DOI moves forward with rescinding the rule, there will be a public notice-and-comment process.


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Pacific Legal Foundation is a national nonprofit law firm that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 34 states plus Washington, D.C., PLF represents clients in state and federal courts, with 18 wins of 20 cases litigated at the U.S. Supreme Court.

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