ELR Citation: ELR 21470
No(s). 92-5255 (D.C. Cir. Aug 12, 1994)

The court rejects en banc a petition for rehearing in a case in which it had held invalid the U.S. Fish and Wildlife Service's (Service's) regulation defining "harm" under §9 of the Endangered Species Act (ESA) to embrace habitat modification. The court first holds that the harm regulation does not...