Justice Department Defends Rescinded Endangered Species Act "Harm" Definition in Court

The U.S. Department of Justice (DOJ) has filed motions for summary judgment in four cases, defending a rule that rescinds the regulatory definition of "harm" in the Endangered Species Act (ESA). The rule, implemented by the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS), aims to return to the statutory text as written, following the Supreme Court's rejection of Chevron deference. Principal Deputy Assistant Attorney General Adam Gustafson stated that "regulatory overreach burdens American families and businesses" and that the DOJ will "continue vigorously defending President Trump's efforts to uphold the Act as written and protect economic growth."