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Seth Barsky on Muck Rack

Seth Barsky

As seen in: Law360, JD Supra, The National Law Review, Mondaq
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Articles

FWS And NMFS Rescind Endangered Species Act Regulatory Definition Of ‘Harm’

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By Seth Barsky, Jacob Brandes
| Mondaq
Bracewell are most popular: within Employment and HR topic(s) On July 14, 2026, the US Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (collectively, the Services) published a final rule rescinding the regulatory definition of “harm” under the Endangered Species Act (ESA).
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FWS and NMFS Rescind Endangered Species Act Regulatory Definition of ‘Harm’

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By Seth Barsky
| The National Law Review Verified
On July 14, 2026, the US Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (collectively, the Services) published a final rule rescinding the regulatory definition of “harm” under the Endangered Species Act (ESA). The Services did not promulgate a substitute definition but instead announced that moving forward they will rely solely on the ESA statutory text as interpreted by Justice Scalia’s dissent in Babbitt v.
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Endangered Species Act Updates: Court Invalidates Certain ESA Section 7 Consultation Regulations and “God Squad” Exempts Gulf Oil and Gas Activities From ESA Section 7 Requirements

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By Seth Barsky
| The National Law Review Verified
It has been a busy past week for the Endangered Species Act (ESA). On March 30, 2026, a United States District Court issued a summary judgment opinion invalidating four provisions of the current ESA Section 7 regulations and directing the government to use the pre-2019 versions of those regulations in their stead.
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