On April 17th, 2025, the National Marine Fisheries Service (NMFS), along with the U.S. Fish and Wildlife Service (FWS), jointly proposed to rescind the regulatory definition of “harm” in the Endangered Species Act (ESA) regulations, and instead replace it with the definition of “take”. This key difference in wording is very specific, as the definition of “harm” includes the prohibition of significant habitat modification or degradation, and is what essentially protects both endangered species, and where they live. With this change, habitats of endangered species would no longer be under protection, and the environments that these species need to live can be significantly changed and/or degraded, so long as the endangered species itself has not been directly killed or removed. 

NMFS and FWS are arguing this because the previous wording “harm” is not the best reflection of the statutory text of ESA regulations, and that the extensions protecting  endangered species’ habitats are unnecessary. These organizations also report that they’re exempt from having to prepare an environmental assessment or an environmental impact statement, as this change to ESA regulations would have not have a significant individual or cumulative effect on the human environment. Although, the organizations are still in the process of verifying this claim. Again, both organizations did not acknowledge this change would lead to the deaths of endangered species, instead adding that it is expected for incremental costs on small businesses, such as the construction and mining industry, to be relieved.