Interior Department Removes Regulatory Definition of Harm From Endangered Species Act

The Interior Department finalized a rule on July 10, 2026, that removes the regulatory definition of harm under the Endangered Species Act. The previous definition, in place since 1981, had treated any action that kills or injures a protected species, including habitat modification, as illegal. Under the new rule, the term harm is left undefined in the regulations.

Activities such as farming, drilling, mining, and real estate development that alter or remove habitat will no longer automatically violate the statute. The change follows the Supreme Court’s 2024 decision in Loper Bright v. Raimondo, which ended judicial deference to agency interpretations of statutes.

Interior and Commerce Department officials concluded that the prior definition exceeded statutory authority and interfered with property rights. Interior Secretary Doug Burgum said the previous approach had been used to block lawful land use and increase costs for families and businesses.

"For years, federal agencies abused the ESA to obstruct lawful land use and burden American families and businesses.

Environmental groups described the rule as a major rollback. Ben Greuel, wildlife campaign manager at the Sierra Club, said the change ignores the link between habitat loss and species extinction and opens the door for corporate polluters. The rule applies nationwide and takes effect immediately upon publication.