H.R. 180: Endangered Species Transparency and Reasonableness Act of 2025

This bill, titled the Endangered Species Transparency and Reasonableness Act of 2025, proposes several amendments to the Endangered Species Act of 1973, aiming to increase transparency around the determinations of endangered and threatened species.

Key Provisions of the Bill

1. Public Disclosure of Data

The bill mandates that the Secretary of the Interior must publish on the internet the scientific and commercial data used as the basis for listing species as endangered or threatened. This includes:

• All relevant data that informs regulations under the Act.
• Exemptions for information that state governments may not wish to disclose due to state laws protecting personal information.
• An agreement with the Secretary of Defense to safeguard classified information related to the Department of Defense from disclosure.

2. Collaboration with States and Local Authorities

The bill enhances collaboration with state and local authorities by ensuring:

• Before making any determinations regarding species, all data that supports that determination must be shared with affected state governments.
• Explicit recognition that information provided by state, tribal, or county governments should be considered as part of the best scientific and commercial data available.

3. Transparency in Litigation Expenditures

The bill introduces requirements for disclosing expenditures related to lawsuits under the Endangered Species Act. This includes:

• Annual reports detailing federal expenditures on related legal actions.
• Creation of a monthly updated, searchable online database that includes:
• The case names and numbers of lawsuits.
• Descriptions of claims, involved agencies, and plaintiffs.
• Financial data including amounts spent by federal agencies on litigation.
• Information about attorneys' fees and expenses awarded in connection with these cases.

4. Legal Cost Awards

The bill modifies provisions regarding the award of litigation costs to align them with existing federal law, ensuring that prevailing parties in litigations receive costs in accordance with sections 2412 and 504 of title 28 and title 5 of the United States Code.

5. Clarification of Terminology and Amendments

Several clarifications and adjustments to language within the Endangered Species Act are proposed to reflect these new requirements and to reorganize existing provisions, ensuring consistency and clarity throughout the law.

Relevant Companies

• NEE - NextEra Energy: This utility company may be affected in terms of compliance and regulatory measures related to construction and operations impacting endangered species.
• DOW - Dow Inc.: There might be implications for this chemical manufacturer regarding environmental regulations tied to the habitats of endangered species.