PERC and RMEF proudly support the U.S. Fish and Wildlife Service’s rescission of the Endangered Species Act’s ‘blanket’ 4(d) rule
MISSOULA, Mont. — A policy recommendation long championed by the Property and Environment Research Center (PERC) and Rocky Mountain Elk Foundation (RMEF) was officially implemented by the U.S. Fish and Wildlife Service. USFWS has rescinded the use of the blanket 4(d) rule under the Endangered Species Act, a critical step toward more effective, incentive-driven species recovery.
“For too long, the blanket rule treated threatened species the same as endangered ones, dulling incentives for recovery,” said Jonathan Wood, PERC vice president of law and policy. “By restoring a tailored approach, the Service can better reward progress and encourage proactive conservation.”
PERC and RMEF have long argued that recovering species requires stronger incentives for habitat restoration and stewardship. Under a one-size-fits-all framework, states and landowners—whom these imperiled species rely on—have little reason to invest in improvements if regulatory burdens remain the same regardless of a species’ status.
The two organizations filed a joint lawsuit in 2024 against the U.S. Fish and Wildlife Service, arguing the agency’s use of the blanket rule impaired species recovery and ignored science. Additionally, they filed a public comment in 2025 supporting the proposed rescission of the blanket rule.
A more flexible approach allows for a “roadmap to recovery,” where incremental progress is met with regulatory relief. This structure empowers local partners, rewards conservation success, and ultimately accelerates species recovery.
“Smart policy should recognize improvement,” said Blake Henning, RMEF chief conservation officer. “Aligning regulations with a species’ status is a commonsense way to motivate the very actions that lead to recovery.”
About the Rocky Mountain Elk Foundation
Now in its fifth decade of Conserving America’s Big Game,™ RMEF will extend its impact on habitat and public land access to 10 million acres by 2030. RMEF conserves and enhances habitat for elk and a variety of big game, opens and improves access for hunting and other outdoor recreation, conducts science-based wildlife research and ensures the future of our hunting heritage through advocacy, outreach and education. Members, volunteers and supporters nationwide help RMEF further its mission. Find out more and join the movement at rmef.org or 800-CALL-ELK.
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, Montana.
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