U.S. Endangered Species Act faces major regulatory changes

In late March 2026 a U.S. District Court in Northern California vacated three 2019 consultation regulations and a 2024 provision issued by the Fish and Wildlife Service and the National Marine Fisheries Service, ruling they conflicted with the Endangered Species Act and the Administrative Procedure Act. The vacated rules covered definitions of “effects of the action,” “destruction or adverse modification” of critical habitat, and the requirement for agencies to provide additional binding plans. The court reinstated the pre‑2019 and pre‑2024 versions until new regulations are issued.

On March 31, 2026 the Endangered Species Committee, known as the “God Squad,” met for the first time in three decades to consider an exemption that would allow certain Gulf of Mexico oil and gas projects to proceed despite ESA protections, at the request of the Secretary of War.

Separately, the Interior Department announced a proposal on July 14, 2026 to rescind the regulatory definition of “harm” – a term that extends ESA protection to species’ habitats. The agency aims to finalize the removal by September 14, 2026, despite a 1995 Supreme Court decision that upheld the definition. Critics argue that eliminating “harm” could weaken species and habitat safeguards.