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

This section requires the Secretary to publish on the internet the best scientific and commercial data underlying each regulation, including proposed regulations, promulgated under ESA Section 4(a)(1) listing species as endangered or threatened. It provides exceptions (1) at the request of a state governor, agency, or legislature if state law—including personal information protections—prohibits disclosure and (2) requires an agreement with the Secretary of Defense within 30 days of enactment to prevent disclosure of classified information pertaining to Department of Defense personnel, facilities, lands, or waters.

This section requires the Secretary of the Interior or Commerce, prior to making a determination under ESA §4(a)(1) (i.e., whether to list, delist, or reclassify a species as endangered or threatened), to provide affected states with all data that forms the basis of the determination; and defines "best scientific and commercial data available" to include all such data submitted by a state, tribal, or county government. (Thus, state, tribal, and local data must be considered in species listing decisions and related actions such as critical habitat designations.)

This section revises section 13 of the Endangered Species Act of 1973 to establish disclosure requirements for federal expenditures on "covered suits" (i.e., civil actions under the Act against the federal government based on actions by a covered agency, or administrative proceedings awarding fees and expenses under the Equal Access to Justice Act). It directs the Secretary of the Interior, in consultation with the Secretary of Commerce, to (1) submit to the House Committee on Natural Resources and Senate Committee on Energy and Natural Resources, within 90 days after the end of each fiscal year, an annual report on such expenditures in the prior fiscal year—including case details and hyperlinks to key documents, claims, involved agencies and plaintiffs, agency funds expended (disaggregated by account) and full-time equivalent employees for litigation-related activities, information required under 31 U.S.C. §1304, attorneys' fees and expenses awarded (disaggregated by account and including bases), and federal funding used by plaintiffs; and (2) maintain a searchable public database of that information updated monthly. It requires covered agencies (i.e., agencies of the Department of the Interior, Forest Service, Environmental Protection Agency, National Marine Fisheries Service, Bonneville Power Administration, Western Area Power Administration, Southwestern Power Administration, or Southeastern Power Administration) to provide necessary data, clarifies that the requirements do not override existing nondisclosure restrictions in settlements for non-specified information, makes a conforming change to the Act's table of contents, and states that prior amendments by the former section 13 remain unaffected.

This section revises the standard for courts to award costs of litigation (including reasonable attorney and expert witness fees) to prevailing parties in Endangered Species Act suits to conform with the Equal Access to Justice Act (28 U.S.C. 2412) and 5 U.S.C. 504 (from awards to any prevailing party if the court determines such award is appropriate). (Thus, fees are generally available only against the United States if its position was not substantially justified.)