Interior Dept. Rescinds 1975 ESA Harm Rule, Stripping Habitat Protections for Millions of Acres
Updated
Updated · The Conversation · Jul 17
Interior Dept. Rescinds 1975 ESA Harm Rule, Stripping Habitat Protections for Millions of Acres
3 articles · Updated · The Conversation · Jul 17
Summary
July 14's repeal removes Endangered Species Act language that treated habitat destruction as unlawful "harm," narrowing protections for species that depend on breeding, feeding and sheltering grounds.
The administration argues the 2024 Loper Bright ruling undercuts the 1995 Sweet Home precedent that upheld the rule, reviving a narrower reading that targets only direct injury to animals.
Environmental groups and tribes have already filed multiple lawsuits, alleging violations of the Administrative Procedure Act, National Environmental Policy Act and ESA consultation requirements.
More than 47 million acres have been covered by incidental-take permits built around the habitat-harm standard, and over two-thirds of listed species rely on nonfederal land for survival and recovery.
Does a recent Supreme Court case justify rewriting fifty years of established wildlife protection law?
How will the new definition of 'harm' impact the balance between land development and species survival?
Redefining "Harm": The 2026 Endangered Species Act Rule Change and Its Impact on Habitat Protection, Wildlife, and Industry
Overview
A major change to the Endangered Species Act (ESA) was announced in July 2026, with a new rule set to take effect on September 14, 2026. This rule repeals the long-standing interpretation that included habitat destruction as a form of 'harm' to endangered species, removing a critical tool for their protection. The Trump administration argued that the previous regulations were overly broad and burdensome. As a result, habitat degradation and destruction will no longer be considered 'harm' under the ESA, sparking legal challenges and raising concerns about the future of species protection in the United States.