The U.S. Fish and Wildlife Service formally filed to remove the “blanket rule” option for protecting newly listed threatened species in the Endangered Species Act (ESA).

The Rocky Mountain Elk Foundation and Property and Environment Research Center (PERC) filed a 2024 lawsuit to rescind the measure since it illegally and irrationally treats endangered and threatened species the same in a one-size-fits-all approach, resulting in poor species recovery rates. Doing so ignores the specific needs or conditions of each species and discourages conservation efforts.

Once the blanket rule is rescinded, USFWS would issue regulations tailored to the unique needs of every threatened species, informed by science and the incentives needed for recovery.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.

“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.”

The filing is subject to a 31-day comment period ending on Dec. 12, 2025.

(Photo credit: Wyoming Game and Fish Department)