U.S. Fish and Wildlife Service Rolls Back Endangered Species Protections

The United States Fish and Wildlife Service has updated its Endangered Species Act (ESA) regulations, eliminating the long‑standing “blanket 4(d) rule” that automatically extended protections to species newly designated as threatened. Under the new policy, such species will receive protections only after case‑by‑case analysis, a change critics say will slow future safeguards and increase administrative burdens.

At the same time, the agency has moved to rescind its regulatory definition of “harm,” which has been used to define prohibited “take” activities that damage a species’ habitat or impair essential behaviors. The rescission was sent to the Office of Information and Regulatory Affairs for review after the Supreme Court’s Loper Bright decision removed Chevron deference, and the agency indicated it does not plan to issue a replacement definition. Both actions are expected to weaken existing protections for plants and animals and could make it harder to prevent habitat degradation.