How the ESA Habitat Rule Harms Species on Public Lands
Document Type
Article
Publication Date
Winter 2026
First Page
21
Volume
40
Issue
3
Source Publication Abbreviation
Natural Resources & Environment
Abstract
At present, there are 1,684 federally listed endangered and threatened species in the United States. Habitat modification is the primary reason for listing. The U.S. Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Administration (NOAA) have proposed a rule that would rescind their decades-old definition of “harm” under the Endangered Species Act (ESA). Currently, “harm” is the only term within ESA Section 9’s prohibition on “take” that encompasses habitat modification. If modifying habitat is no longer a “take,” the ESA itself would be rendered incapable of satisfying Congress’s goal: “to halt and reverse the trend toward species extinction, whatever the cost.” This article argues these agencies should retain their current regulations related to harm of habitat.
Recommended Citation
Zellmer, Sandi, "How the ESA Habitat Rule Harms Species on Public Lands" (2026). Faculty Journal Articles & Other Writings. 177.
https://scholarworks.umt.edu/faculty_barjournals/177