Conservation Groups Sue after Trump Administration Rolls Back ESA “Harm” Definition
The Departments of the Interior and Commerce have finalized a rule removing the regulatory definition of "harm" under the Endangered Species Act (ESA), a change the administration says will reduce burdens on landowners, businesses and fishermen.
According to Expana's report, the deleted interpretation had long treated indirect impacts (like habitat modification that impairs breeding, feeding or shelter) as "harm." The administration ties the rollback to the Supreme Court’s 2024 Loper Bright decision, which narrowed deference to agency interpretations of ambiguous statutes. Officials note that direct killing or...
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