ELR Citation: ELR 20680
No(s). 92-5255 (D.C. Cir. Mar 11, 1994)

On petition for rehearing, the court holds invalid the Fish and Wildlife Service (Service) regulation defining "harm" to embrace habitat modification. The court finds that the Service's definition was not clearly authorized by Congress. The immediate context of the word "harm," as used in §9 of the...