Interior and Commerce Finalize Rule Rescinding the Endangered Species Act "Harm" Definition

On July 10, 2026, the Department of the Interior and the Department of Commerce announced they had finalized a rule rescinding the regulatory definition of "harm" under the Endangered Species Act. Since 1981, that definition had treated significant habitat modification or degradation that actually kills or injures listed wildlife as prohibited "take." Interior Secretary Doug Burgum said the prior definition "turned routine activity into a regulatory trap," and Commerce Secretary Howard Lutnick framed the change as relief for fishermen. The departments grounded the rescission in the Supreme Court's 2024 Loper Bright v. Raimondo decision, arguing agencies must adopt the single best reading of a statute.

Habitat loss is the leading driver of species decline in the United States, so the scope of "harm" determines whether the ESA reaches activities such as logging, drilling, and development that destroy nests, dens, or breeding grounds without directly killing an animal. Interior says core protections remain because actions that directly injure or kill listed wildlife are still prohibited and existing permits stay valid; conservation groups and outside coverage describe the change as substantially narrowing the statute's practical reach.

The rule is final rather than proposed. Litigation from conservation organizations is widely anticipated but no court has ruled on it.