Federal agencies rescind definition of 'harm' under Endangered Species Act

The Department of the Interior's Fish and Wildlife Service and the Department of Commerce's National Oceanic and Atmospheric Administration have published a final rule in the Federal Register rescinding the definition of 'harm' under the Endangered Species Act. This rule is effective September 14, 2026.

Context

The Endangered Species Act was established to protect species at risk of extinction and their habitats. The definition of 'harm' has been a critical component in determining what actions could be legally challenged under the Act. The recent rule change by the Department of the Interior and the National Oceanic and Atmospheric Administration marks a significant shift in policy.

Why it matters

The rescission of the definition of 'harm' under the Endangered Species Act could significantly alter the legal framework for protecting endangered species. This change may affect how federal agencies assess threats to wildlife and their habitats. It raises concerns among conservationists about the potential increase in activities that could harm vulnerable species.

Implications

The change may lead to increased development and resource extraction activities in areas inhabited by endangered species, potentially putting them at greater risk. Conservation groups may face challenges in advocating for species protection under the new definition. The overall effectiveness of the Endangered Species Act in safeguarding biodiversity could be called into question.

What to watch

As the effective date of the new rule approaches in September 2026, stakeholders will likely monitor its impact on ongoing conservation efforts. Legal challenges or public responses from environmental groups may emerge as the implications of this change become clearer. Additionally, related legislative actions or proposals could arise in response to this policy shift.