On April 17, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service proposed a rule to rescind the definition of “harm” under the Endangered Species Act (ESA). Currently, “harm” includes significant habitat modification that kills or injures protected wildlife by impairing essential behaviors like breeding, feeding, or sheltering. The proposed change would return to a case-by-case approach, where habitat modification would only qualify as “harm” if it can be shown to directly cause death or injury to listed species. In practical terms, this could limit the ESA’s application to habitat-related impacts.
Public comments on the proposed rule are due by May 19.
