Proposed Rules Would Weaken Endangered Species Act Implementation
The Trump Administration released draft major revisions to Endangered Species Act regulations. The wide-ranging changes would restore rulemakings from Trump's first term, which had been undone during the Biden Administration.
Among the proposed changes are removing the use of a blanket rule that automatically gives threatened species the same amount of protections as endangered species. Instead, the Fish and Wildlife Service (FWS) and National Oceanic and Atmospheric Administration (NOAA) would have the flexibility to create species-specific protections. If this change is adopted, threatened species would continue to have stronger protections until species-specific rules are promulgated. In the notice of the proposed rulemaking, the Administration states that the change would make "...better use of our limited personnel and fiscal resources by focusing prohibitions on the stressors contributing to the threatened status of the species." Since the start of the Trump Administration, more than 400 FWS staff were terminated.
Another draft rule would allow consideration of economic and national security impacts during species listing decisions. The Administration claims that this change would "more closely align" with federal law, which specifies that listing decisions should be made solely on the basis of the best scientific and commercial data. Opponents of the change point out that it would allow for cost-benefit analyses to be considered as part of the listing decision.
The proposed rule also would change the definition of what is the 'foreseeable future' when evaluating the future trajectory of a species during a listing decision, as well as expand the circumstances under which a species could be delisted.
Designation of critical habitat could be constrained by new criteria to justify not protecting a species' habitat at the time of listing. For example, circumstances that cannot be addressed by conservation or remediation actions would be acceptable grounds for not protecting habitat. This provision essentially allows the government to decide that in some circumstances it is "not prudent" to designate critical habitat. Similarly, another proposed rulemaking would allow the FWS to exclude an area as critical habitat after determining that the costs outweigh the benefits. Another provision on habitat designation would prioritize areas that are currently inhabited by the species before considering protecting areas that the species doesn't currently occupy.
Earlier this year, the Administration started the regulatory process to weaken the definition of 'harm' to an endangered or threatened species by excluding impacts to habitat.
Public comment is currently being accepted on these proposed regulations. Links are provided in the From the Federal Register section at the end of this newsletter.
Water Protections on the Line Again
The Trump Administration is proposing to remove more than 80 percent of wetlands and streams from federal protections under the Clean Water Act. At issue is the definition of 'waters of the U.S.,' a phrase that has been fought over for years by presidential administrations, Congress, and the courts.
Administration officials claim that the proposal conforms to a 2023 ruling by the Supreme Court. The Court ruled that only waterways that directly touch a river or lake are protected under the scope of the federal law. But the draft rule goes beyond the court's ruling to also require wetlands to maintain a "continuous surface connection" for at least the duration of the "wet season." The latter phrase has not been previously used in federal water protection regulations.
The Administration plans to use the Water-Budget Interactive Modeling Program to determine what bodies of water would be protected. Some researchers, however, are criticizing the tool for not accounting for changes in precipitation due to climate change.
If the draft rule is approved, federal agencies like the Environmental Protection Agency would have less authority to protect wetlands from pollution.
Senate Debuts Energy Appropriations Bill
The Senate Appropriations Committee has released its proposal for funding the U.S. Department of Energy for the remainder of Fiscal Year 2026.
The legislation would fund the Department's Office of Science at $8.0 billion--3 percent below the current funding level. The Senate number is a slightly larger cut than included in legislation passed by the House of Representatives. Both chambers' budgets, however, are notable in that they reject the 14 percent cut for energy science recommended in the President's budget request.
The Senate bill would reduced funding for Biological and Environmental Research by $40 million (-4.7 percent). Conversely, most other divisions within the Office of Science are proposed to receive a budget increase. The House legislation and the President's budget request proposed even deep cuts for biological and environment research.
No votes have been held yet on the Senate's proposed energy and water funding bill. Congressional appropriators have a deadline of January 30th to complete their work on the remaining annual spending bills.
CDC Website on Autism Altered
Public information provided on the website of the Centers for Disease Control and Prevention (CDC) now states a causal link between vaccines and autism. The wording of the website was changed in mid-November.
Previously, the website stated that "Studies have shown that there is no link between receiving vaccines and developing autism spectrum disorder." The website now reads that "The claim 'vaccines do not cause autism' is not an evidence-based claim because studies have not ruled out the possibility that infant vaccines cause autism" and that "Studies supporting a link have been ignored by health authorities."
According to reporting by The Washington Post, CDC scientists did not know in advance about the changes and were not consulted. Rather, a high ranking communications official approved the change without input from scientists in the agency.
Senator Bill Cassidy (R-LA), who chairs the Senate Health, Education, Labor, and Pensions Committee stated: "I'm a doctor who has seen people die from vaccine-preventable diseases. What parents need to hear right now is vaccines for measles, polio, hepatitis B and other childhood diseases are safe and effective and will not cause autism. Any statement to the contrary is wrong, irresponsible, and actively makes Americans sicker."
Cassidy reached an agreement with the CDC to retain the text "Vaccines do not cause autism" on the website. The section header, however, has an asterisk at the end that leads to a footnote explaining that the text is there because of a deal with the Senator.
NSF Asks for Input on Technology Workforce Development Roadmap
The National Science Foundation (NSF) is seeking community input on a new roadmap for workforce development in emerging technologies, such as artificial intelligence, biotechnology, and quantum technology. The roadmap is an "..actionable agenda to guide future investments...through cross-sector collaborations and partnerships, innovative community-specific solutions, and expanded access to experiential learning and other training pathways." Input is being accepted until January 15, 2026 via online form or email.
Spotlight on Deleted Government Datasets
A group of data scientists recently unveiled an online list of "dearly departed datasets" that have been terminated by the Trump Administration. Among the datasets that no longer have new data being added is a repository of greenhouse emissions. Other datasets have had variables removed, such as gender identity and race/ethnicity.
The Federation of American Scientists reported that the news isn't all bad, as only dozens of datasets have been terminated and that "...the vast majority of the hundreds of thousands of datasets produced by the federal government are still alive, and have so far escaped mutilation or termination."
Have information about a deleted or terminated dataset? Information can be submitted online.
Webinar: Natural History Collections and Repatriation - Beyond NAGPRA
Please join NSC Alliance, American Institute of Biological Sciences, and Society for the preservation of Natural History Collections for an information session about repatriation and how it relates to natural history collections held at museums, herbaria, and other institutions. We will be joined by a wide array of speakers who will share their perspectives on and experiences with repatriation, including cases for voluntary return. The program will delve into a zoological and a botanical case study of ethical return.
Date: December 8, 2025
Time: 2:00-3:00 PM Eastern Time / 12:00-1:00 PM Mountain Time / 11:00 AM-12:00 PM Pacific Time
A previous webinar we organized covered repatriation under Native American Graves Protection and Repatriation Act (NAGPRA) in the context of natural history collections. The December webinar will focus on repatriation issues outside NAGPRA's scope and will be recorded.
Intended audience:
- Collections and curatorial staff across natural history disciplines (e.g., zoology, botany, geology, paleontology)
- Tribal, Native Hawaiian, and institutional representatives engaged in repatriation and dispersed cultural legacies
- Researchers, students, and everyone else working with or interested in issues of repatriation and dispersed cultural legacies
Register Now.
Short Takes
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A Senate committee advanced the nomination of Timothy Petty for Deputy Administrator at the National Oceanic and Atmospheric Administration. The nomination received a bi-partisan vote of 21-7. Petty previously worked on Capital Hill and served as Assistant Secretary for Water and Science at the U.S. Department of the Interior during the first Trump Administration. He has a Ph.D. in hydrology.
The Senate Commerce, Science, and Transportation Committee voted to advance the nomination of Ethan Klein to be an Associate Director at the White House Office of Science and Technology Policy (OSTP). It was a party-line vote. Klein worked at OSTP during the first Trump Administration and has since earned a Ph.D. in nuclear engineering.
The Senate unanimously passed two bills related to Great Lakes research and ocean conservation. 2878 would extend by five years a monitoring, assessment, and research grant program for the Great Lakes basin. S. 3022 would continue for another five years a program within the Environmental Protection Agency to combat plastic waste in the oceans.
From the Federal Register
The following items appeared in the Federal Register from November 17 to 28, 2025.
Agriculture
Commerce
Environmental Protection Agency
Executive Office of the President
Health and Human Services
Interior
National Science Foundation
Office of Science and Technology Policy
