WYOMING — On May 11, a Congressional Review Act (CRA) aiming to keep the definition of “habitat” as a necessary designation within the Endangered Species Act (ESA) passed the Senate by a vote of 51-49.
The CRA was originally introduced by Senate Western Caucus Chair Cynthia Lummis (R-WY) along with 17 colleagues.
In June 2022, the Biden administration ruled that an area does not have to be defined as “habitat” before it can meet the ESA’s narrower definition of “critical habitat,” giving the U.S. Fish and Wildlife Service (USFWS) greater flexibility to designate unoccupied areas as critical habitat.
According to a press release from Senator Lummis’ office, defining an area first as “habitat” is important to providing clarity and transparency for landowners and businesses in Wyoming.
“There’s an important distinction between ‘habitat’ and ‘critical habitat’ for an endangered species and this Congressional Review Act resolution provides much-needed clarity for private property owners in Wyoming,” said Senator Lummis. “Private property owners need to be partners in species recovery, not the enemy. This CRA ensures Wyoming landowners are not unfairly targeted by the administration and that habitat designations are based on science, not on politics.”
A critical habitat designation can reduce the value of private property and can limit land use or require costly mitigation requirements, the press release says.
However, the USFWS emphasizes the importance of identifying critical habitat to a species’ conservation and recovery. A critical habitat designation “raises awareness of the habitat needs of imperiled species and focuses efforts of our conservation partners.”
Wyoming species currently listed as endangered include the grizzly bear, whooping crane, black-footed ferret, gray wolf, yellow-billed cuckoo, Wyoming toad, northern long-eared bat, Kendall warm springs dace, Preble’s meadow jumping mouse, Canada lynx, blowout penstemon, Colorado butterfly plant, desert yellowhead and Ute ladies’-tresses.
