A much-anticipated critical habitat designation for the endangered Rice’s whale could be delayed until early December, with the Biden administration asking for more time to meet a core component of a 2021 settlement agreement between NOAA Fisheries and environmentalists.
In a filing with the U.S. District Court for the District of Columbia, Justice Department attorneys asked for a Dec. 2 deadline to establish critical habitat for the Rice’s whale in its native Gulf of Mexico habitat.
Government lawyers said NOAA “has made progress towards completion of the final rule,” including submission of a draft final rule to the White House Office of Information and Regulatory Affairs. Environmentalists’ attorneys also signed the filing.
The “stipulation to modify” petition, which awaits approval from District Court Judge Florence Pan, is supported by environmental groups that sued NOAA over a Trump administration biological opinion on Rice’s whales’ environmental status in their native Gulf of Mexico habitat.
