Tagged: judicial review and appeals
3 items
Less Imprecision in Species Treatment Act of 2025 or the LIST Act of 2025This bill modifies the process for removing a species from the endangered or threatened species lists and makes related requirements. A species must be removed from the endangered or threatened species lists if the U.S. Fish and Wildlife Service and the National Marine Fisheries Service produces or receives substantial scientific or commercial information demonstrating that the species is recovered or that recovery goals set for the species have been met.The publication and notice of a proposed regulation to remove a species from the lists must consist solely of a notice of the removal.The bill establishes a process for removing species from the lists if they were erroneously or wrongfully listed. The bill prohibits a person from submitting a petition to list a species as a threatened or endangered species for 10 years if the person knowingly submitted a petition with information that was inaccurate beyond scientifically reasonable margins of error, fraudulent, or misrepresentative.
Regulations from the Executive in Need of Scrutiny Act of 2025This bill revises provisions relating to congressional review of agency rulemaking.Specifically, the bill establishes a congressional approval process for a major rule. A major rule may only take effect if Congress approves of the rule. A major rule is a rule that has resulted in or is likely to result in (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises.The bill generally preserves the current congressional review process for a nonmajor rule.
Endangered Species Transparency and Reasonableness Act of 2025This bill modifies requirements concerning determinations on whether a species is a threatened or endangered species under the Endangered Species Act of 1973 (ESA), caps attorney's fees to prevailing parties in ESA citizen suits, and makes related requirements.The U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) must publish online, subject to privacy or administrative limitations, the best scientific and commercial data available that are the basis for each determination. The bill states that the term best scientific and commercial data available includes all data submitted by a state, tribal, or county government. Thus, such data is automatically deemed to be the best scientific and commercial data available. Before making a determination on whether a species is an endangered or threatened species, the FWS and NMFS must provide affected states with all of the data that is the basis of the determination.The Department of the Interior must also publish and maintain an online searchable database that discloses federal expenditures related to litigation under the ESA.