US Fish and Wildlife Service rescinds ESA habitat‑protection rule

On July 14 2026 the U.S. Fish and Wildlife Service and the National Marine Fisheries Service issued a final rule that removes the regulatory definition of “harm” from the Endangered Species Act. The change means habitat modification is no longer considered a prohibited “take” under the Act and the rule will become effective on September 14 2026.

The revision, which the agencies say restores the statute’s original intent, has been criticized by environmental groups and prompted lawsuits alleging the move illegally weakens protections for endangered species and could increase habitat loss. Legal challenges have been filed in three separate suits, and the rule is part of a broader deregulatory agenda citing recent Supreme Court decisions.

The decision is expected to affect land‑use practices across the United States and has sparked debate over the balance between property rights and wildlife conservation.