National Marine Fisheries Service

Stories

Fish and Wildlife Service narrows Endangered Species Act enforcement to intentional killings

As of September 2026: Co-issued the July rule rescinding the 'harm' definition

A logging company can now cut a tree holding endangered bats, and a ship can strike an endangered whale, without breaking US law, as long as the animal wasn't the deliberate target. The US Fish and Wildlife Service told its field offices on September 14 to apply the Endangered Species Act's (ESA) ban on "taking" protected wildlife only to intentional acts directed at a particular animal.

Updated Sep 20

21 states challenge Endangered Species Act rule changes in two lawsuits

Rule Changes

As of September 2026: Defendant in both lawsuits

Habitat destruction that kills endangered wildlife no longer counts as 'harm' under a July federal rule change. Twenty-one states filed two lawsuits Wednesday to overturn it, arguing the rewrite strips the law of its primary habitat protection tool.

Updated Sep 10