On April 17, 2025, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service proposed rescinding the Endangered Species Act’s (ESA) regulatory definition of “harm.” The agencies published the final rule on July 14, 2026, and it is scheduled to take effect on September 14, 2026. 

For decades, federal regulations defined “harm” to refer to anything that injures or kills a protected species, including “significant habitat modification or degradation” that impairs essential behaviors such as feeding, breeding, or sheltering. Under the new rule, that long-standing regulatory definition will be removed, meaning habitat modification alone will no longer constitute “harm” under the ESA’s implementing regulations.

By recognizing that significant habitat destruction could constitute harm, the previous regulatory definition supported conservation efforts in Indiana and across the country by helping protect the habitats that provide species with life-sustaining resources. Its removal may make it more difficult to address habitat degradation under the ESA, potentially complicating conservation efforts undertaken by environmental organizations, public agencies, and nonprofits like Save the Dunes. 

These concerns reflect the critical role habitat protection has long played in conserving endangered species. According to the U.S. Geological Survey, habitat loss is the primary driver of extinction worldwide. Many endangered species already occupy fragmented landscapes with limited opportunities to move or establish new populations. As a result, continued habitat destruction can further reduce their chances of recovery.