Story perspectives

Administration Rolls Back ESA “Harm” Rule Amid Lawsuits

7/18/2026

Summary

Story summary

The administration rescinded the Endangered Species Act (ESA) “harm” rule on July 17, 2026, narrowing protections.
It says change follows the 2024 Supreme Court Loper Bright decision limiting reinterpretations.
Interior Secretary Doug Burgum said the prior rule weaponized the law, raising costs.
Eight groups including the Center for Biological Diversity and the Sierra Club sued on July 14, 2026, alleging ESA violations and breaches of NEPA, ESA consultation and APA.

History

Historical Context

The Endangered Species Act, signed by President Richard Nixon on December 28 1973, created a federal system that by 1990 listed 1,200 species and expanded its budget to $1.2 billion. After the 1978 amendment eased habitat rules and the Biden administration revised provisions in 2024, Secretary Doug Burgum repealed the ESA “harm” rule in July 2026, sparking lawsuits from the Center for Biological Diversity.

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Story summary

The administration rescinded the Endangered Species Act (ESA) “harm” rule on July 17, 2026, narrowing protections.
It says change follows the 2024 Supreme Court Loper Bright decision limiting reinterpretations.
Interior Secretary Doug Burgum said the prior rule weaponized the law, raising costs.
Eight groups including the Center for Biological Diversity and the Sierra Club sued on July 14, 2026, alleging ESA violations and breaches of NEPA, ESA consultation and APA.

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