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States Sue After FWS Narrows ESA “Take” Definition

By Drooid · Sep 18, 2026, 9:57 AM UTC · How we work

Summary

Story summary

U.S. Fish and Wildlife Service issued a memo on Sept. 14, 2026 redefining “take” under the ESA to cover only intentional actions.
The administration says the change restores the ESA’s original intent and eases regulatory burden for energy development.
In July 2024 the agencies rescinded the ESA definition of “harm,” which had included habitat destruction.
Twenty-one states and the District of Columbia sued, claiming the revisions violate the ESA and increase extinction risk.

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Story summary

U.S. Fish and Wildlife Service issued a memo on Sept. 14, 2026 redefining “take” under the ESA to cover only intentional actions.
The administration says the change restores the ESA’s original intent and eases regulatory burden for energy development.
In July 2024 the agencies rescinded the ESA definition of “harm,” which had included habitat destruction.
Twenty-one states and the District of Columbia sued, claiming the revisions violate the ESA and increase extinction risk.