Beyond harm: Implications for Endangered Species Act practice

The U.S. Fish and Wildlife Service and National Marine Fisheries Service recently rescinded the longstanding regulatory definition of "harm" under the Endangered Species Act (ESA), raising questions about how it impacts species protection, permitting, mitigation, and regulatory compliance.

Join ICF's conservation planning and ESA practitioners as we examine what changed, why it matters, and how agencies, permit applicants, and regulated entities may be affected. Gain insight into the history of the "harm" definition, key court interpretations that shaped its application, the Services' rationale for rescinding the definition, and what the change could mean for ongoing and future ESA implementation. We will also explore emerging litigation, legislative responses, and potential future scenarios for conservation and infrastructure projects.

What you'll learn:

• The history of the ESA’s “harm” definition.
• The implications of the rescission for species protection, permitting, mitigation, and compliance.
• How litigation, legislation, and future policy developments could shape ESA implementation.