The government just made it harder to protect endangered species
A new change strips away decades of habitat protection guidance under the Endangered Species Act, putting species like the Hudson's ancient sturgeon at greater risk
July 15, 2026
Drew Gamils
Senior Attorney
Key takeaways
- A new federal rule eliminates the longstanding definition of "harm" under the Endangered Species Act, which recognized that destroying habitat can be just as deadly to wildlife as direct killings.
- The change creates legal uncertainty for the protection of species like the Hudson River's Atlantic and shortnose sturgeon, which depend on healthy spawning grounds, river-bottom habitat, and migration paths to survive.
- Riverkeeper's current lawsuit against New York, New Jersey, and Delaware to protect sturgeon is unaffected by the rule change, and we will continue fighting to defend strong, science-based habitat protections.
The current federal administration weakened one of our nation’s most important wildlife protection laws, the Endangered Species Act (ESA). For more than 50 years, the ESA has protected endangered and threatened species not only from being directly killed, but also from losing the habitats they need to survive.
However, these vital protections are now eroding. The new change, announced on July 10, 2026 by the U.S. Department of the Interior and the U.S. Department of Commerce, removes the long-standing federal definition of “harm” under the ESA. While this may sound like a small legal shift, it could have major consequences for endangered wildlife, including the Atlantic and shortnose sturgeon that call the Hudson River home.
Why does the definition of “harm” matter?
The ESA makes it illegal to "take" an endangered or threatened species. The law defines "take" broadly to include actions such as killing, injuring, capturing, or harming protected wildlife. For decades, federal regulations recognized that "harm" includes the destruction of habitat that leads to the death or injury of wildlife.
That sensible interpretation reflected a simple reality: Animals cannot survive if the places they feed, spawn, shelter, and raise their young are destroyed. By eliminating this definition, the new change could make it more difficult to hold projects accountable for damaging the habitats endangered species depend on.
Why is it important to protect habitat?
Habitat loss is the leading cause of biodiversity decline globally. Scientists estimate that it plays a role in nearly 85 percent of species decline worldwide. Congress understood this when it passed the ESA in 1973. The law was designed not only to protect individual animals, but also to conserve the ecosystems they depend on. Protecting habitat has been one of the ESA's greatest successes, helping many species recover enough to be downlisted — moved from a higher conservation status (like endangered) to a lower one (like threatened) — or even removed from the endangered species list entirely.
99%
Since its passage in 1973, the Endangered Species Act has prevented the extinction of 99% of the species it protects
What does this mean for the Atlantic and shortnose sturgeon?
Atlantic and shortnose sturgeon are among the Hudson River's oldest residents. Often called "living dinosaurs," these remarkable fish have survived for millions of years. Today, however, both species are federally listed as endangered.
Like many fish, sturgeon rely on healthy habitat throughout their lives. They need spawning grounds to reproduce, river bottoms rich in aquatic insects and other prey to feed, and migration corridors free from barriers or disturbances When these habitats are damaged, the effects can be severe. Destroying spawning areas can prevent successful reproduction. Increased sediment in the water can make it harder for sturgeon to find food. The loss of river-bottom habitat can also reduce their food supply, while the loss of sheltered areas can leave young sturgeon more vulnerable to predators.
Even if a project does not directly kill a fish, destroying the habitat it depends on can still lead to injury, death, and long-term population declines. That is exactly why habitat protection has long been a cornerstone of the ESA.
Why do federal protections matter?
Endangered species do not recognize political or state boundaries; many species, like sturgeon, migrate across state lines and move constantly between freshwater and marine habitats. Strong federal protections help ensure that endangered species receive consistent and effective conservation efforts wherever they travel. Weakening habitat protections creates regulatory gaps that individual states cannot fully address on their own.
Where do we go from here?
The federal administration’s change represents a significant setback for endangered species conservation: Protecting habitats is critical. Healthy rivers, wetlands, and estuaries remain essential for the recovery of Atlantic and shortnose sturgeon and countless other species.
Eliminating the regulatory definition of "harm" does not erase the ESA's core prohibition on unlawful "takes." Instead, it removes decades of clear guidance, creating a cloud of uncertainty that will almost definitely lead to years of litigation on when habitat destruction results in illegal harm to endangered species. We expect this rule to face swift legal challenges because it conflicts with decades of scientific understanding, legal precedent, and congressional intent.
Riverkeeper has used and will continue to use the ESA to protect Atlantic sturgeon. In 2024, Riverkeeper and Delaware Riverkeeper Network filed suit against New York, New Jersey, and Delaware for failing to adequately address the capture, injury, and death of endangered Atlantic sturgeon as bycatch (the accidental capturing of wildlife during commercial fishing). These lawsuits seek to ensure the states comply with the ESA and implement measures that reduce these preventable "takes." Importantly, these cases are not affected by this new rule because our claims involve the direct killing of sturgeon.
The litigation is already helping drive progress. The three states recently began the process of hiring a consultant to develop a conservation plan for sturgeon, sea turtles, and other species. The plan will identify practical measures to reduce bycatch while helping commercial fisheries comply with the ESA.
While this new change is a setback, it only strengthens our resolve to fight for strong protections for our most vulnerable species. Riverkeeper will continue working to defend the ESA, advocate for strong science-based protections, and hold agencies accountable when they fail to protect our nation's wildlife. Together with our members, partners, and supporters, we will continue fighting for a Hudson River where endangered species have the healthy habitat they need not just to survive, but to recover and thrive.
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