WASHINGTON, D.C. — The U.S. Departments of the Interior and Commerce have finalized a rule rescinding the longstanding regulatory definition of “harm” under the Endangered Species Act, narrowing the scope of federal enforcement following last year’s Supreme Court decision in Loper Bright v. Raimondo.
Federal officials stated the rule returns implementation of the Endangered Species Act to what they describe as the statute’s original text by eliminating a regulatory interpretation that had extended the definition of prohibited “harm” beyond direct injury or killing of protected wildlife.
The departments indicated the change was prompted by the Supreme Court’s 2024 Loper Bright ruling, which held that courts should independently determine the best interpretation of statutes rather than defer to agency interpretations.
Interior Secretary Doug Burgum argued the previous definition expanded federal authority beyond congressional intent and created regulatory uncertainty for property owners.
“For years, federal agencies abused the ESA to obstruct lawful land use and burden American families and businesses,” Burgum stated. “This action restores common sense, respects private property, provides much-needed certainty for landowners and follows the statute Congress actually passed.”
Commerce Secretary Howard Lutnick indicated the administration expects the rule to ease regulatory burdens affecting commercial activity, including the fishing industry.
“We’re returning the ESA to its foundational purpose to ensure legitimate conservation goals are met without sacrificing economic growth and American prosperity,” Lutnick stated.
According to the departments, the rule does not alter the Endangered Species Act’s prohibition against directly injuring or killing protected species. Existing permits and incidental take statements also remain in effect.
Officials stated the revision is intended to reduce permitting requirements, lower compliance costs and provide greater regulatory certainty for landowners, farmers, ranchers, energy producers, small businesses and local governments.
“This Administration is committed to protecting wildlife using Gold Standard Science, the law and the tools Congress actually gave us,” U.S. Fish and Wildlife Service Director Brian Nesvik stated. “We can protect species and respect communities at the same time.”
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