Agencies Restore Statutory Text of 'Harm' in Endangered Species Act After Court Rulings

The Trump administration finalized a rule change on Friday that removes the definition of “harm” from the Endangered Species Act. The Interior Department and the Commerce Department issued the final rule, leaving the term undefined. Since 1981 the term had covered any action that hurts or kills species, including modifying or degrading habitat.

Under the new rule, destroying a species’ nest or habitat is no longer considered illegal. The change allows activities such as farming, drilling, mining and real estate development in habitats of threatened species. Interior Secretary Doug Burgum said the prior approach had turned routine activity into a regulatory trap and expanded federal authority beyond what Congress intended.

“This action restores common sense, respects private property, provides much-needed certainty for landowners and follows the statute Congress actually passed,” he stated. Ben Greuel, wildlife campaign manager at the Sierra Club, said the rule ignores the reality that destroying places wildlife need to survive puts species on a path to extinction.

“This rule ignores that reality in an unlawful attempt to open the door for corporate polluters to degrade vitally important habitats,” he stated.

The rule change rests in part on the Supreme Court’s 2024 decision in Loper Bright v. Raimondo. The departments proposed the rule in April 2025 and concluded that the earlier definition of harm was an unlawful regulatory intrusion.

The rule reduces permitting costs for energy producers, farms and fishing interests.