Feds Scrap Habitat 'Harm' from Endangered Species Act—Wildlife Lawyers Weep?
Published Date: 4/17/2025
Proposed Rule
Summary
The U.S. Fish and Wildlife Service and National Marine Fisheries Service want to remove the current definition of “harm” under the Endangered Species Act because it includes habitat changes that don’t match the law’s true meaning. This change affects anyone involved in protecting endangered species and could shift how rules are enforced. You have until May 19, 2025, to share your thoughts, and this update aims to clarify the law without adding new costs.
Analyzed Economic Effects
2 provisions identified: 2 benefits, 0 costs, 0 mixed.
Small Entities Likely Face Reduced ESA Burdens
The rule would remove the regulatory definition of “harm” in 50 CFR 17.3 and 50 CFR 222.102 and rely on the statute’s definition of “take.” The agencies say this deregulatory action is expected to relieve incremental costs imposed by the prior definition and “may have a significant economic impact on a substantial number of small entities,” while not imposing new reporting, recordkeeping, or compliance activities.
Existing ESA Permits Remain Valid
The Services say the revision would be prospective only and would not affect permits that have been granted as of the date the regulation becomes final. That means permits issued before the final rule take effect would remain in force under their original terms.
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Key Dates
Department and Agencies
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