U.S. Narrows Definition of Harm Under Species Act
The policy change excludes indirect impacts from federal protection, drawing a legal challenge from environmental advocates.
Updated on Oct. 15, 2026 in Environmental
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On September 14, 2026, the U.S. Fish and Wildlife Service narrowed the definition of harm under the Endangered Species Act to exclude indirect or accidental impacts. Environmental groups have initiated a lawsuit challenging this policy shift.
Why it matters
This regulatory change, which the Department of the Interior cites as a measure to reduce burdens on businesses and protect private property rights, alters the scope of protections that have been in place since the law's enactment in the early 1970s.
The Endangered Species Act has historically achieved a 99% success rate in protecting listed species. The new policy removes indirect or accidental harm from the statutory definition, a change from the previous standard that included these factors in federal protections.
The players
U.S. Fish and Wildlife Service
The federal agency responsible for the management and conservation of fish, wildlife, and natural habitats under the Endangered Species Act.
Department of the Interior
The executive department responsible for the management and conservation of most federal lands and natural resources.
The details
The director of the Fish and Wildlife Service implemented this shift via a memo that adjusts the regulatory definition of 'harm'. By narrowing this definition, the agency limits the scope of federal oversight regarding human activities that might inadvertently affect protected species or their habitats. This mechanism restricts the application of the act compared to the prior long-standing interpretation of protection requirements.
Timeline
The Endangered Species Act was enacted in the early 1970s.
The Fish and Wildlife Service issued the memo changing protection rules on Sept. 14, 2026.
The Tech Race
This policy adjustment represents a shift in the implementation of the Endangered Species Act relative to its historical enforcement. It follows a path of deregulation concerning federal oversight of land use and private property.
Property owners and businesses may face fewer regulatory hurdles for land development activities previously classified as indirect harm. The practical effect of this change remains subject to the ongoing legal challenge initiated by environmental groups.
The takeaway
The move signals a significant pivot toward reducing federal oversight burdens on private landowners and commercial operations. Observers should track the pending lawsuit in court, as a ruling could reinstate the previous definition of harm or solidify the new, narrower standard.
Further reading
For broader context on federal land and habitat protections, see our Environmental section.
Source note: This article includes information reported by KSL.
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