Conservation Groups Sue Over Repeal of the Endangered Species Act 'Harm' Rule

On July 14, 2026, a coalition of conservation groups led by Earthjustice — including the Center for Biological Diversity, Sierra Club, Conservation Law Foundation, and others — filed suit in federal district court in Seattle challenging the Trump administration's repeal of the longstanding regulatory definition of "harm" under the Endangered Species Act. The U.S. Fish and Wildlife Service and National Marine Fisheries Service rescinded the roughly 50-year-old definition, which had treated significant habitat destruction as prohibited "harm" to protected species; the final rule was published in the Federal Register and is set to take effect September 14, 2026. Interior Secretary Doug Burgum said the change "restores common sense" and reduces permitting burdens. The Swinomish and Squaxin Island tribal communities filed a separate suit.

The plaintiffs argue that habitat loss is the leading driver of extinction and that the repeal contradicts the statute's text and the 1995 Supreme Court decision Babbitt v. Sweet Home, which upheld the habitat-based reading of "harm." Industry groups, including the American Petroleum Institute, supported the change. The dispute tests how far the executive branch can reinterpret bedrock environmental law through rulemaking.

The litigation is pending and no court has ruled; the challengers characterize the rule as unlawful, an allegation the government disputes.