Story perspectives

Burgum’s ESA “Harm” Rule Set for 2026, Facing Tribes Lawsuit

7/22/2026

Summary

Story summary

Interior Secretary Doug Burgum announced the rule eliminating the Endangered Species Act “harm” definition will take effect on September 14, 2026.
The rule removes habitat destruction from prohibited “take” actions, overturning decades of ESA interpretation.
About 358,000 public comments were filed, most condemning the change as a threat to species.
The Swinomish and Squaxin Island Tribes, nine environmental groups and two Washington tribes sued, saying the rule breaches the ESA.

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Story summary

Interior Secretary Doug Burgum announced the rule eliminating the Endangered Species Act “harm” definition will take effect on September 14, 2026.
The rule removes habitat destruction from prohibited “take” actions, overturning decades of ESA interpretation.
About 358,000 public comments were filed, most condemning the change as a threat to species.
The Swinomish and Squaxin Island Tribes, nine environmental groups and two Washington tribes sued, saying the rule breaches the ESA.