Section 9
In Harm’s Way
Agency’s efforts to repeal harm definition for the ESA carries significant legal risks
The Trump Administration has finalized a rule that would eliminate the definition of harm from the regulations implementing the Endangered Species Act (ESA). Harm is one component of the definition of take in the ESA, and Section 9 of the ESA prohibits take of members of endangered species. As I noted last spring, when the …
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