Department of Interior Rescinds Endangered Species Act's "Harm" Definition
Published Friday, July 17, 2026
The U.S. Departments of the Interior and Commerce have finalized a rule rescinding the regulatory definition of "harm" under the Endangered Species Act, marking a significant change in how the law may be applied to activities affecting threatened and endangered species.
The ESA prohibits the unauthorized "take" of listed species, including actions that harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect protected wildlife. While the statute itself does not define "harm," federal regulations adopted more than 40 years ago interpreted the term to include significant habitat modification or degradation that indirectly injured or killed wildlife by impairing essential behaviors such as breeding, feeding or sheltering.
According to the Department of the Interior, rescinding the regulatory definition returns the ESA to its statutory text and original congressional intent by focusing enforcement on actual take of listed species rather than indirect habitat modification. Supporters, including California Farm Bureau and a broad coalition of agricultural, water and business organizations, believe the change will provide greater regulatory certainty for farmers, ranchers, water managers and landowners by reducing unnecessary permitting, consultation and mitigation requirements while maintaining the ESA's core protections for threatened and endangered species.
The rule is also one of the first major ESA actions to rely on the U.S. Supreme Court's 2024 decision in Loper Bright Enterprises v. Raimondo, which overturned the longstanding Chevron deference doctrine and limited the ability of federal agencies to broadly interpret statutes beyond their text. The final rule is scheduled to take effect on September 14, 2026, unless implementation is delayed through ongoing litigation. Several tribal and environmental organizations have already filed legal challenges, and California Farm Bureau will continue monitoring developments.
Staff Contacts: Erin Huston; ehuston@cfbf.com and Richard Filgas; rfilgas@cfbf.com
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