Oct 9, 2014 Multi-Association Comments to the U.S. Fish and Wildlife Service on its Proposed Rule to Change the Criteria for Designating Critical Habitat Under the Endangered Species Act
Independent producers drill about 95 percent of American oil and natural gas wells, produce about 54 percent of American oil, and more than 85 percent of American natural gas. Many of their activities require federal permits, and thus are subject to the full range of Endangered Species Act (ESA) requirements that apply in areas designated as critical habitat. The Services have proposed to amend their regulations that govern the designation of critical habitat. IPAA’s comments in this docket focus on the proposed changes to 50 CFR § 424.12(b) and (e), which deal with the criteria for designating critical habitat “outside the geographical area occupied by a listed species at the time it is listed” (the unoccupied areas).