The U.S. Fish and Wildlife Service (USFWS) has finalized its ruling to designate critical habitat for the endangered Rusty Patched Bumble Bee (Bombus affinis) under the Endangered Species Act (ESA).
The final rule designates approximately 1,534,951 acres of occupied critical habitat in 14 units across 33 counties in six states. The rule was published in the Federal Register on June 1, 2026, and will officially take effect July 1, 2026.
This action may introduce additional ESA considerations for infrastructure, energy, and development projects located within Rusty Patched Bumble Bee High Potential Zones, Low Potential Zones, or newly designated critical habitat. Early project screening can help identify potential permitting considerations, support defensible effects determinations, and inform practical avoidance and minimization strategies.
Photo credit: Mike Stinson, EDGE Engineering & Science
EDGE’s Protected Species Practice includes staff permitted for Rusty Patched Bumble Bee surveys across the species’ range, with the experience needed to address project-related Rusty Patched Bumble Bee concerns. Our team can support rapid screening, effects analysis, coordination with USFWS, and development of compliance strategies to help keep projects moving efficiently.
Emerging bumble bee Conservation Benefit Agreements may also provide a pathway for certain projects to achieve ESA compliance while gaining regulatory assurances and greater operational predictability during infrastructure development and routine maintenance.
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Featured image photo credit: Alyssa Jones, EDGE Engineering & Science.
