U.S. Interior Department revises ESA ‘harm’ definition

In July 2026 the U.S. Department of the Interior, together with the Commerce Department, finalized a rule that narrows the definition of “harm” under the Endangered Species Act. The amendment removes language that treated significant habitat modification or degradation as a form of harm, meaning habitat‑destroying projects such as logging, mining and oil‑gas drilling can proceed without ESA‑based protection. The rule, published in the Federal Register on 14 July, is slated to take effect on 14 September. Agencies say the change will cut permitting costs, reduce regulatory confusion and keep core species protections intact, while critics argue it weakens the law by eliminating habitat considerations that are critical to species survival. Conservation groups, including the Center for Biological Diversity and Earthjustice, filed an emergency lawsuit in federal court to block the rule, contending that the revision violates decades of legal precedent and endangers listed species.