The political climate has changed and some environmental regulations have been relaxed.
Be careful what you wish for…………
The government did not lesson the regulations so that you could have more beach for your recreational activities.
It did this because they were lobbied by the American Petroleum Institute, the National Mining Association, as well as big developers, and many others that have a financial stake in this.
I’m not an attorney but I think their are two obstacles that may slow this process down, if not entirely halt it.
1. It may ultimately be the decision of the local municipalities as the Dongan Patent appears to allow them to control the land, and they have allowed you and others the privilege of using the beach for your recreational activities, and enjoyment.
2. The United States is signatory to the Migratory Bird Act Treaty.
These two points will not necessarily halt the redefinition of The Endangered Species Act. I can see the present government just withdrawing from the treaty, and perhaps some higher ups in local government lining their pockets for allowing developers to build housing, condos, whatever, etc.