Federal Agencies Finalize Rescission of “Harm” Definition Under Endangered Species Act

Short summary

Federal agencies finalized a rule rescinding the regulatory definition of 'harm' under the Endangered Species Act, effective September 14, 2026. The rescission narrows the scope of prohibited 'take' by eliminating habitat modification as a trigger, significantly affecting developers, energy projects, and landowners. Conservation groups plan to challenge the rule in federal court, so project proponents should not assume immediate changes until litigation resolves.

• •Rescission removes the 1981/1999 definition of 'harm' as habitat modification that kills or injures wildlife, narrowing prohibited 'take' under the ESA
• •Rule takes effect September 14, 2026, but conservation groups plan immediate legal challenges
• •Developers, energy, and infrastructure project proponents face reduced incidental take permitting obligations if the rule survives litigation

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