The headline is about FWS and NMFS rescinding the regulatory definition of 'harm' under the ESA, which narrows the 'take' prohibition.

Short summary

The U.S. Fish and Wildlife Service and National Marine Fisheries Service rescinded the regulatory definition of 'harm' under the Endangered Species Act, narrowing the scope of the 'take' prohibition. The agencies relied on the Supreme Court's Loper Bright decision overruling Chevron deference, adopting Justice Scalia's dissent from Babbitt v. Sweet Home. This removes habitat modification from the definition of 'take,' potentially reducing ESA enforcement exposure but likely inviting future litigation.

• •FWS and NMFS rescinded the regulatory definition of 'harm' under the ESA's 'take' prohibition
• •Decision relies on Loper Bright's overruling of Chevron deference and Scalia's Babbitt dissent
• •Removes habitat modification from 'take' scope; likely to face citizen-suit litigation challenges

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