Archive for October 2026
Recent Endangered Species Act Rule Deletes Regulatory Definitions of “Harm”
The U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS; together, the Services) recently rescinded without replacement the definitions of “harm” in regulations pertaining to the Endangered Species Act (ESA). The final rule (Rule) became effective September 14, 2026. Section 9 of the ESA (16 U.S.C. 1531 et seq.) prohibits the…
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