The Trump administration has finalized a repeal of a regulatory definition that protected the habitats of endangered and threatened species. The rule change, which officially took effect on Monday, September 14, 2026, removes the regulatory definition of "harm" under the Endangered Species Act. A group of lawmakers in both chambers of Congress is now moving to block the change through legislation and joint resolutions.
Since 1981, the U.S. Fish and Wildlife Service had defined "harm" to include habitat degradation or modification that kills or injures wildlife by disrupting essential behavior like breeding, feeding, or sheltering. The Interior Department stated that rescinding this definition returns the law to its "actual text and original intent" and ends "years of federal overreach." The department noted that actions directly killing or injuring protected wildlife remain prohibited, but the repeal removes the requirement for developers, loggers, and miners to obtain permits for habitat modification.
Lawmakers have introduced two measures to counter the repeal. Democratic Sens. Adam Schiff and Sheldon Whitehouse introduced a joint resolution in August 2026 that would allow a simple majority vote to nullify the rule change. In the House, Republican Rep. Brian Fitzpatrick and Democratic Rep. Mike Quigley introduced the Safeguarding Endangered Species Act, which currently has six additional Democratic cosponsors and remains in the House Committee on Natural Resources. Additionally, a coalition of 20 states and Washington, D.C., along with environmental groups, have filed legal challenges against the administration.
This regulatory change affects property owners, real estate developers, and industrial operators in sectors such as logging and mining by removing federal permit requirements for modifying land that serves as habitat for endangered species. Previously, the National Mining Association stated that the "mere threat" of habitat modification triggered consultations with the Fish and Wildlife Service, which the group said added significant time to permitting processes. Under the new rule, developers are not legally liable for destroying nests or habitats unless the act is intentional or directly kills a protected animal that is physically present.
The scale of this change impacts a majority of the species listed under the Endangered Species Act, as experts report that habitat loss is the primary threat to their survival compared to direct killing or hunting. For example, the repeal could allow loggers to cut trees containing the nests of the northern spotted owl, provided the bird is not in the tree at the moment of cutting. While the exact economic impact in dollars was not reported, the Fish and Wildlife Service stated the repeal is intended to relieve the "economic burden" businesses face when complying with habitat protections.
The repeal shifts the focus from habitat protection to direct physical injury. This follows a related March 2026 decision by the Endangered Species Committee to exempt Gulf of Mexico oil and gas operations from the Act. The next steps include a potential Senate vote on the joint resolution in the coming weeks and ongoing litigation in federal courts as states and environmental organizations seek to reinstate the previous definition.