Comments on ESA Definition of Harm

ARTBA submitted comments supporting the U.S. Fish and Wildlife Service’s proposal to rescind the regulatory definition of “harm” under the Endangered Species Act (ESA). This change would improve regulatory clarity and predictability for transportation projects, aligning the rule with the ESA’s statutory text and recent court decisions. The association noted that many members already implement voluntary wildlife protections and emphasized that ESA compliance should focus on actions causing actual harm to listed species.

Read the full comments here.