What Constitutes "Harm" Under the Endangered Species Act?

The US Fish and Wildlife Service and the National Marine Fisheries Service recently issued a final rule eliminating the longstanding regulatory definition of “harm,” with an effective date of 14 September 2026. Christine Jochim, partner in our Environment, Land, and Natural Resources practice group, explains what the change could mean for future permitting efforts, why existing permits may not need to be reevaluated, and how pending litigation could affect what comes next.