The Department of the Interior and the Department of Commerce today announced they have finalized a rule rescinding the outdated regulatory definition of "harm" under the Endangered Species Act. The action returns the interpretation of the ESA back to its actual text and original intent, which will end years of federal overreach. Through this action, the Department is delivering the kind of common sense and accountability the American people voted for.
This reform is based on the Supreme Court's 2024 decision in Loper Bright v. Raimondo, which requires agencies to follow the single best meaning of a statute rather than contorting laws to fit political agendas. Using the legally justifiable standard, the Services determined that the prior definition of "harm" was an unlawful regulatory intrusion that interfered with private property rights.
"For years, federal agencies abused the ESA to obstruct lawful land use and burden American families and businesses," said Department of the Interior Secretary Doug Burgum. "That approach turned routine activity into a regulatory trap, drove up costs that impacted people's lives, 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."
"President Trump is rescinding overly broad and burdensome regulations that have restrained our fishermen for too long," said Department of Commerce Secretary Howard Lutnick. "We're returning the ESA to its foundational purpose to ensure legitimate conservation goals are met without sacrificing economic growth and American prosperity."
The ESA's core protections remain firmly in place. Actions that directly injure or kill listed wildlife will continue to be prohibited. Existing permits and incidental take statements remain valid and unchanged. What ends today is a system that repeatedly punished people for indirect or speculative impacts never contemplated by Congress.
"This Administration is committed to protecting wildlife using Gold Standard Science, the law and the tools Congress actually gave us," said U.S. Fish and Wildlife Service Director Brian Nesvik. "We can protect species and respect communities at the same time."
The final rule will reduce unnecessary permitting, cut compliance costs, and eliminate confusion for landowners, small businesses, energy producers, farmers, ranchers and local governments. It brings long overdue financial and regulatory relief to citizens who faced unpredictable delays and unnecessary costs due solely by interpretations that went far beyond the statute.
