Federal Agencies Drop Controversial “Harm” Definition to Ease ESA Burdens
On July 14, the Fish and Wildlife Service and the National Marine Fisheries Service issued a final rule that eliminates the regulatory definition of “harm” under the Endangered Species Act.
The Fish and Wildlife Service together with the National Marine Fisheries Service finalized a rule on July 14 that removes the agency-crafted definition of “harm” from the Endangered Species Act. Critics had argued that the definition gave the agencies sweeping authority over private property, slowing development and imposing costly compliance requirements. The new rule seeks to restore the ESA’s original focus on conserving species without overreaching onto landowners.
Officials said the change will help balance conservation goals with economic interests and improve the prospects for species recovery. The decision marks a significant policy shift after years of legal and industry disputes over the scope of the act.
Why it matters
It limits federal reach on private land, easing development while preserving endangered species protections.
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