U.S. Changes Interpretation Of Endangered Species Act
Posted On
October 01, 2026
On September 14, the U.S. Fish and Wildlife Service and National Marine Fisheries Service rescinded the regulatory definition of "harm," which is a significant change in how the Endangered Species Act will be implemented. Under the new guidance, a prohibited "take" now requires action intentionally directed at a particular living animal - not a population, future occupants, or unoccupied habitat. This means that indirect or incidental effects from habitat modification are not likely to be considered a "take."
PHOTO © J. SCOTT ALTENBACH
Read More: Rescinding the Definition of “Harm” Under the Endangered Species Act →