U.S. Department of Commerce

government agency

Last mentioned: 11h ago

Timeline

  1. Effective Date

    The rescission takes effect; 'harm' no longer includes indirect habitat modification.

  2. Final Rule Published in Federal Register

    FWS and NMFS formally publish the final rescission rule, triggering 60-day effective countdown.

  3. Joint Announcement

    U.S. Department of the Interior and U.S. Department of Commerce announce final rule rescinding the 'harm' definition.

  4. Proposed Rule Released

    FWS and NMFS publish proposed rule to rescind the 'harm' definition, initiating public comment period.

  5. Babbitt v. Sweet Home Decision

    Supreme Court upholds regulatory 'harm' definition including habitat modification; Justice Scalia files dissent.

Stories mentioning U.S. Department of Commerce 1

Regulation Neutral

ESA 'Harm' Rule Gone: Agencies Adopt Scalia Dissent, Effective Sept. 12, 2026

Federal agencies have finalized the rescission of the Endangered Species Act's 'harm' definition, replacing it with Justice Scalia's dissent interpretation. This dramatically narrows what constitutes a prohibited 'take' and eliminates indirect habitat liability, creating significant legal uncertainty and anticipated litigation from conservation groups.

2 sources
About U.S. Department of Commerce coverage

This page surfaces every story mentioning U.S. Department of Commerce across our legal coverage. We track each entity's appearance over time so readers can trace how the narrative evolves — which developments are isolated incidents, which build into longer arcs, and which reframe how operators in the space think about the entity. Story selection uses the same multi-source verification gate applied across the rest of our coverage.

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What you seeWhat it tells you
Story countNumber of distinct stories where U.S. Department of Commerce was a primary or referenced actor.
Recency clusteringWhether mentions are concentrated in a recent window (a news cycle) or distributed (a sustained arc).
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