US Fish and Wildlife Service Revises ESA Rules, Removing Threatened Species Protections and Redefining “Harm”

In a recent announcement, the U.S. Fish and Wildlife Service unveiled revisions to the Endangered Species Act that eliminate the automatic safeguards for threatened species, meaning protections must now be crafted individually and could be delayed. At the same time, the agency withdrew its regulatory definition of “harm,” which had encompassed habitat modification, and is instead leaning on a dissenting opinion from a 1990s Supreme Court case.

Critics argue the changes undermine decades of recovery work for species like gray whales, the southern resident orcas, and salmon, especially as the agency faces staffing shortages. The rollback may also impact the restoration economy, tribal treaty rights, and broader ecosystem services that support human health and commerce. Legal challenges from NGOs and tribes are already forming, and a bipartisan House bill seeks to overturn the rule. Observers stress that public engagement and voting are crucial to counteract the policy shift.