Illinois Agencies Clash Over Endangered Species Protections for Bigeye Shiners

In the creeks and rivers of southern Illinois, a school of bigeye shiners darting along the edge of a stream signals healthy water. The freshwater fish, listed as endangered in Illinois, has survived despite habitat loss from decades of construction and industrial farm runoff. However, an ongoing dispute between two state agencies is now testing the tiny fish’s resilience.

Last summer, the Illinois Department of Natural Resources (IDNR) recommended that the Illinois Department of Transportation (IDOT) survey a construction site in Union County for the presence of bigeye shiners before proceeding. If found, IDNR would require IDOT to apply for a permit to minimize impacts to the paper clip-sized fish. IDOT declined, stating in internal documents obtained by WBEZ and Grist that “Fish swim away.”

The standoff between IDNR and IDOT is part of a broader clash that emerged last year after IDOT repeatedly ignored recommendations from state experts to secure permits protecting imperiled species during road, bridge, and other transportation projects. As Illinois’ largest public landowner, IDOT may have overridden the state’s Endangered Species Protection Act in 11 cases over the past year, according to public records.

Endangered species laws are designed to shield threatened plants and animals from publicly funded projects. The federal Endangered Species Act, enacted in 1973, currently protects nearly 1,700 species in the U.S. and has prevented the extinction of nearly 300 species. Nearly every state has its own version of these laws. Illinois’ act, which predates the federal law, protects 513 species—including federally listed species like the rusty patched bumblebee, piping plover, and gray wolf.

These safeguards, often criticized as slow and costly, typically halt construction until harm to listed species is minimized. Despite their success—credited with reviving populations of the bald eagle, grizzly bear, and gray wolf—the federal law faces growing opposition. On Earth Day, House Republicans attempted, and failed, to pass a bill dismantling these protections. Earlier, after Iran closed the Strait of Hormuz, President Trump convened the so-called “God Squad”, a committee of senior officials tasked with bypassing the Endangered Species Act to open the Gulf of Mexico for oil drilling. The administration also proposed a rule to revoke the federal law’s definition of “harm” to species.

Species protections are not just weakening at the federal level. States like Illinois are also grappling with enforcement challenges as development pressures mount.