Entries by Peter Whitfield

Federal Agencies Rescind Endangered Species Act Definition of “Harm,” Narrowing the Scope of Prohibited Activity Affecting Wildlife

The U.S. Fish and Wildlife Service and National Marine Fisheries Service have issued a final rule rescinding the regulatory definition of “harm” under the Endangered Species Act (ESA). The change is significant because the longstanding definition provided that prohibited “harm” could include significant habitat modification or degradation that kills or injures protected wildlife by impairing essential behavioral patterns, such as breeding, feeding, sheltering, spawning, rearing, or migrating. After the rule becomes effective, the agencies will instead apply the ESA’s statutory definition of “take” without a separate definition of “harm.”

U.S. Army Corps of Engineers Finalizes 2026 Nationwide Permit Reissuance and Modifications

On January 8, 2026, the U.S. Army Corps of Engineers (Corps) published its final action reissuing and modifying Nationwide Permits (NWPs). This final action reissues 56 existing NWPs and issues one […]

Council on Environmental Quality Issues Long Awaited Guidance for Environmental Review Across Agencies

On September 29, 2025, the Council on Environmental Quality (CEQ) issued long-awaited guidance to formalize agencies’ individual efforts to implement the National Environmental Policy Act (NEPA).  After rescinding the CEQ […]