Federal Agencies Finalize Rescission Of "Harm” Definition Under Endangered Species Act

On July 10, 2026, the U.S. Department of the Interior and the U.S. Department of Commerce jointly announced via press release the finalization of a rule rescinding the longstanding regulatory definitions of “harm” under Section 9 of the federal Endangered Species Act (ESA). The final rule, published today in the Federal Register, removes the definitions of “harm” from 50 C.F.R. § 17.3 (U.S. Fish and Wildlife Service) and 50 C.F.R. § 222.102 (National Marine Fisheries Service) and takes effect 60 days later, on September 14, 2026.

This alert follows our April 24, 2025 client alert (found here), which analyzed the proposed rulemaking and its potential implications for development projects. The final rule is consistent with the proposed rule: It eliminates the regulatory definitions of “harm” without adopting any replacement, thereby narrowing the scope of activities that may constitute prohibited “take” under the ESA. The rescission is one of the most significant changes to the ESA