KRC and Allies Oppose Rescinding the Definition of “Harm” under the Endangered Species Act

On May 19, 2025, KRC and allies submitted comments in strong opposition to the proposal by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service to rescind the long-standing regulatory interpretation of the term “harm” in the Endangered Species Act’s definition of prohibited take. The proposed rule contradicts the plain language and structure of the ESA. The purpose, language, and legislative history of the ESA all point to Congress’ intent to provide robust protection for endangered species, including from indirect threats like habitat destruction. The proposal places the profits of industry special interests above saving species from extinction. We urged the Services to withdraw this proposal and uphold the regulatory definition of “harm” to include significant habitat modification.

You can read our comment letter here.

KRC also signed onto technical comments by Earthjustice, found here.