FWSProposed Rule

Rescinding the Definition of Harm under the Endangered Species Act

EnvironmentAgricultureEnergy

Summary

The Fish and Wildlife Service is proposing to change the legal definition of "harm" under the Endangered Species Act, which could affect how protected animals and plants are defended from human activities. This change matters because it may make it easier for development projects, logging, and other activities to proceed in areas where endangered species live.

Key Points

  • 1The regulation would rescind (cancel) the current definition of what counts as 'harm' to endangered species under federal law
  • 2Current rules broadly protect endangered animals from habitat destruction and other indirect impacts; the new definition could narrow this protection
  • 3The change could affect businesses, developers, and landowners by potentially reducing restrictions on projects that impact endangered species habitats
  • 4The public has until May 20, 2025 to submit comments on whether this change is a good idea
  • 5This could impact a wide range of activities including construction, mining, agriculture, and forestry in areas with endangered plants and animals

Impact Assessment

If you are a developer or business planning projects on land with endangered species, this means it may become easier to obtain permits and proceed with your activities because the legal protections for those species could be narrowed.

Impact Level
Significant
Geographic Scope

National

Compliance Cost

Minimal

Who is Affected
Small BusinessesFarmersEnergy CompaniesHomeowners

Key Dates

Published

April 17, 2025

Comment Deadline

May 20, 2025

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Regulatory Connections

Amends CFR Sections
50 CFR Part 17

This summary is for informational purposes only. It may not capture all nuances of the regulation. Always refer to the official text for authoritative information.

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