On April 17, 2025, the U.S. Fish and Wildlife Service (FWS) and NOAA proposed a significant amendment to the Endangered Species Act (ESA). The agencies are considering removing the regulatory definition of “harm,” which currently includes habitat modifications that indirectly injure or kill protected species. This definition has been in place since 1995.
The existing definition of “harm” has led to conflicts with private landowners in sectors such as energy, agriculture, and forestry. Land can be designated as habitat even if no protected species are present. A notable example is a Louisiana tree farm spanning 1,500 acres, designated as critical habitat for the Mississippi gopher frog despite the species not being seen there for decades.
Critics of the current definition argue it extends federal oversight too far. The FWS and NOAA state that “the definition of ‘harm’ is unnecessary, inconsistent with the statute,” suggesting that “the term can be understood without elaboration.”
If enacted, this change would reduce the ESA’s scope by excluding habitat considerations from what defines “harm.” This could benefit landowners and developers but also raises concerns among environmentalists about potential impacts on conservation efforts.
