The U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) have proposed to rescind the regulatory definition of “harm” under the ESA to generally remove consideration of habitat when analyzing impacts to covered species. This move has potential to dramatically impact species conservation efforts and developer and landowner obligations under the Endangered Species Act (ESA), 15 U.S.C. §§ 1531-1541.
Services Propose to Remove Habitat Modification from ESA’s Definition of ‘Harm’
