In response to PERC and RMEF lawsuit, the Fish and Wildlife Service commits not to apply controversial “one-size-fits-all” blanket rule undermining wildlife recovery

In a major win for wildlife conservation, the U.S. Fish and Wildlife Service (USFWS) announced it will pause use of the controversial “blanket 4(d) rule” and initiate steps to rescind it over the next 14 months—a key objective of a lawsuit filed last year by the Property and Environment Research Center (PERC) and the Rocky Mountain Elk Foundation.

PERC, RMEF and the agency jointly requested a stay of the pending litigation to allow the Service time to rescind the blanket rule that illegally and irrationally treats endangered and threatened species the same, resulting in poor species recovery rates.

Once the blanket rule is rescinded, USFWS would issue regulations tailored to the unique needs of every threatened species, informed by science and the incentives needed for recovery. In the interim, the agency committed to issuing tailored rules for each species listed as threatened rather than apply the blanket 4(d) rule.

“This is a meaningful step toward restoring the original intent of the Endangered Species Act by ensuring that regulations are informed by science and motivate recovery efforts,” said Jonathan Wood, vice president of law and policy at PERC. “Pausing the blanket 4(d) rule and tailoring regulations to species’ needs is a more effective, incentive-based approach to implementing the Endangered Species Act.”

PERC and RMEF initiated the suit in December 2024 to challenge the blanket 4(d) rule, which automatically applies endangered-level protections to threatened species while ignoring the specific needs or conditions of each species. This one-size-fits-all approach discourages conservation efforts and undermines species recovery.

“We’ve worked with states and landowners to conserve or enhance more than 9.1 million acres of habitat for elk and other wildlife, and we’ve seen how flexible regulations that address specific challenges are more effective than a blanket approach,” said RMEF Chief Conservation Officer Blake Henning. “We’re encouraged by this progress and will continue advocating for science-driven, species-specific conservation policies.”

About PERC:

The Property and Environment Research Center (PERC) is the national leader in market solutions for conservation, with over 40 years of research and a network of respected scholars and practitioners. Through research, law and policy, and innovative applied conservation programs, PERC explores how aligning incentives for environmental stewardship produces sustainable outcomes for land, water and wildlife. Founded in 1980, PERC is nonprofit, nonpartisan and proudly based in Bozeman, Mont. For media inquiries, contact Kat Dwyer: (406) 587-9591 kdwyer@perc.org.kdwyer@perc.org.

About the Rocky Mountain Elk Foundation:?

Now in its fifth decade of conservation accomplishment and fueled by hunters, RMEF has conserved more than 9.1 million acres for elk and other wildlife. RMEF also works to open and improve public access, fund and advocate for science-based resource management, and ensure the future of America’s hunting heritage. Discover why “Hunting Is Conservation” ® at rmef.org or 800-CALL ELK.