"Experimental Populations" Outside Historical Range Proposal: Will It Get the Frog Out of Hot Water?

Authors

• Carol J. Miller, Missouri State UniversityFollow
• John C. Meyer, California State University, Chico
• Bonnie B. Persons, California State University, Chico

Abstract

To address the impact of climate change on habitats of endangered and threatened species, the U.S. Fish and Wildlife Service is proposing a 2022 rule change to allow "experimental populations" to be introduced into habitat outside the species' historical range. For essential experimental populations, habitat could be designated beyond current or historical range where "little to no habitat remains within the historical range of a species or where formerly suitable habitat . . . is undergoing, irreversible decline or change, rendering it unable to support one or more life history stages for the species."¹A statutory prerequisite (under Endangered Species Act (ESA) section 10(j)) to designation of critical habitat for an experimental population is that "such population is essential to the continued existence of an endangered species or a threatened species." The ESA defines "critical habitat" but does not separately define "habitat."²Designation of "critical habitat" has been complicated by the Weyerhaeuser v. FWS decision, in which the Supreme Court concluded that "critical habitat" must first be "habitat."³

Department(s)

Finance, Economics and Risk Management

Document Type

Article

Publication Date

1-1-2023

Recommended Citation

Miller, Carol J.; Meyer, John C.; and Persons, Bonnie B., ""Experimental Populations" Outside Historical Range Proposal: Will It Get the Frog Out of Hot Water?" (2023). Faculty Scholarship. 655.
https://bearworks.missouristate.edu/articles00/655

Journal Title

Journal of Environmental Law and Litigation