Federal Register Watch: July 14, 2026 — Interior, Commerce Rescind ESA ‘Harm’ Definition

ByEduardo Bacci

July 15, 2026
Cover of the Federal Register, the daily journal of the United States governmentThe Federal Register is the official daily publication for U.S. rules, proposed rules, and notices. (Public domain)

By Eduardo Bacci — The Investigative Journal

The most recent complete edition of the Federal Register — the issue dated Tuesday, July 14, 2026 — carried 75 documents: eight final rules, nine proposed rules, and 58 agency notices. (The July 15 edition had not yet been posted to the Office of the Federal Register’s public database at press time; this digest therefore covers the July 14 issue.) The day’s filings ranged across endangered-species protections, export controls for a key Gulf partner, coal-ash disposal, heavy-duty diesel emissions, psychedelic-drug research, and several rescissions of rules and guidance issued under the prior administration. Below, TIJ summarizes the most consequential entries, with direct links and — where the public can still weigh in — comment deadlines.

1. Interior and Commerce rescind the Endangered Species Act definition of “harm”

The U.S. Fish and Wildlife Service and the National Marine Fisheries Service jointly published a final rule rescinding the regulatory definition of “harm” from the Endangered Species Act regulations at 50 CFR parts 17 and 222. The Office of Information and Regulatory Affairs flagged the action as “significant.” It takes effect September 14, 2026.

The stakes turn on a single word. Under the ESA, it is unlawful to “take” a listed species, and “take” is defined by statute to include “harm.” The regulatory definition being removed had interpreted “harm” to include significant habitat modification or degradation that actually kills or injures wildlife — an interpretation the U.S. Supreme Court upheld in Babbitt v. Sweet Home Chapter of Communities for a Great Oregon (1995). Removing the codified definition means the agencies will rely on the statutory term itself rather than the habitat-inclusive regulatory gloss.

Records indicate the change is likely to reshape how habitat impacts are evaluated in permitting and enforcement. Supporters of the rescission argue it hews more closely to the statute’s text; conservation groups have generally argued that stripping the definition weakens protections against habitat destruction. The rule’s practical effect will depend on how courts and the Services apply the undefined term going forward.

2. Commerce eases export controls for the United Arab Emirates

The Bureau of Industry and Security issued a final rule granting the UAE “enhanced favorable treatment” under the Export Administration Regulations. The rule removes the UAE from Country Groups D:3 and D:4 and adds it to Country Group A:5 — the tier reserved for close partners. It was effective July 10, 2026.

The reclassification widens the set of license exceptions available for exports to the UAE, most notably Strategic Trade Authorization for the UAE government and approved commercial entities. According to the rule, STA will authorize the export, reexport, or in-country transfer of military items; certain commercial satellites and spacecraft; and dual-use items useful in oil and gas production, desalination, and civil nuclear power generation.

The move deepens a defense and technology relationship the two governments have been steadily expanding. Because export-control liberalization for the Gulf has drawn scrutiny over the years — particularly around the risk of sensitive-technology diversion — the rule is one TIJ will track as licensing data becomes available. The filing itself sets the regulatory framework; it does not, on its face, authorize any specific transaction.

3. EPA advances two coal-ash actions, both open for comment

The Environmental Protection Agency published a pair of coal combustion residuals (CCR) measures under the Resource Conservation and Recovery Act. In an advance notice of proposed rulemaking, EPA is weighing whether a “general permit” could let CCR facilities obtain temporary permit coverage until an individual federal or state permit is issued — building on compliance pathways the agency proposed on April 13, 2026. Comments are due October 13, 2026.

Separately, EPA proposed to approve Alabama’s partial CCR permit program, submitted by the Alabama Department of Environmental Management. If finalized, the state would administer coal-ash permitting for covered units. Comments on the Alabama proposal are due September 14, 2026.

Coal ash — the residue left from burning coal for electricity — contains contaminants that can migrate into groundwater, and permitting details govern monitoring, corrective action, and closure obligations at disposal sites nationwide. Both actions carry open comment periods, giving utilities, state regulators, and community groups a formal window to respond.

4. EPA proposes changes to heavy-duty diesel engine rules for 2027 and later

In a 144-page proposed rule, EPA would amend compliance provisions and test procedures for model-year 2027 and later heavy-duty highway engines. The proposal includes changes to regulatory “useful life” periods and emission-related warranty periods, adds nonconformance penalties, and amends inducement provisions for engines equipped with selective catalytic reduction (SCR) systems. Comments are due August 29, 2026.

Useful-life and warranty periods determine how long manufacturers must ensure engines meet emission standards and how long they bear responsibility for emissions-related components — technical parameters with significant cost implications for engine makers and fleet operators. Nonconformance penalties, meanwhile, offer manufacturers a compliance option when a class of engines cannot fully meet a standard.

The proposal revisits provisions adopted in a January 2023 heavy-duty rule and in earlier rulemakings. Industry commenters have historically engaged heavily on these test-procedure and warranty questions, and the comment docket is likely to draw detailed technical submissions before the August deadline.

5. FDA issues psychedelic-drug trial guidance and schedules a public hearing

The Food and Drug Administration announced the availability of a final guidance, “Psychedelic Drugs: Considerations for Clinical Investigations,” addressing the design challenges that distinguish trials of these compounds from conventional drug studies. In a companion notice, the agency said it will hold a public hearing, with federal partners, on the potential future therapeutic use of psychedelic drugs.

The Health Resources and Services Administration added a request for information on training and care-delivery models for the safe administration of any FDA-approved psychedelic therapies. Responses to the HRSA request are due August 13, 2026.

Taken together, the three filings indicate that federal health agencies are building a formal framework around a class of treatments — including compounds studied for depression and post-traumatic stress disorder — that has moved rapidly from the research margins toward mainstream clinical evaluation. The guidance is nonbinding, but such documents typically shape how sponsors structure trials and engage with regulators.

6. HHS finalizes rescission of 2024 foster-placement rule after court vacatur

The Administration for Children and Families published a final rule removing requirements established by an April 30, 2024 rule on “Designated Placement Requirements Under Titles IV-E and IV-B for LGBTQI+ Children.” The rescission was effective July 14, 2026.

The 2024 rule had required Title IV-E and IV-B child-welfare agencies to ensure that a “Designated Placement” was available for foster children who requested one or would benefit from one. According to the notice, those requirements were never implemented: the U.S. District Court for the Eastern District of Texas vacated the 2024 rule, and this action conforms the Code of Federal Regulations to that ruling by removing the provisions.

Because the requirements had already been vacated by a federal court, the rescission is largely a technical alignment of the regulations with the litigation outcome rather than a new substantive change. The underlying dispute — over how child-welfare agencies address the needs of LGBTQI+ youth in foster care — remains a contested policy area, and TIJ notes both that the original rule drew legal challenges and that its supporters framed it as a child-safety measure.

7. DHS rescinds language-access guidance, citing the English-language executive order

The Department of Homeland Security published a notice rescinding its guidance to recipients of federal financial assistance regarding the Title VI prohibition on national-origin discrimination affecting limited-English-proficient (LEP) persons. DHS said the action is consistent with Executive Order 14224, “Designating English as the Official Language of the United States.”

The rescinded document was sub-regulatory guidance describing how funding recipients should provide language assistance to LEP individuals. The Title VI statute itself — which bars discrimination on the basis of national origin in federally funded programs — is unaffected by the notice; what changes is the department’s interpretive guidance to grant recipients. Civil-rights organizations have historically treated LEP guidance as an important tool for access to federally funded services, and the practical effects will depend on how individual recipients adjust their practices.

On TIJ’s beats: accountability, finance, and national security

Several lower-profile filings intersect with the investigations TIJ follows most closely:

Sanctions. The Treasury Department’s Office of Foreign Assets Control published a notice updating identifying information for one or more persons on the Specially Designated Nationals and Blocked Persons (SDN) List; OFAC said the underlying action was issued April 24, 2026.

Market structure. The Securities and Exchange Commission posted a notice of a proposed rule change by the Texas Stock Exchange to amend rule language on order handling — one of a series of filings from the newest entrant among U.S. national securities exchanges.

Trade. The USDA Foreign Agricultural Service set the fiscal-year 2027 in-quota quantity of raw cane sugar under the WTO tariff-rate quota at 1,117,195 metric tons raw value.

Refugee assistance. The Office of Refugee Resettlement announced that the eligibility period for Refugee Cash Assistance and Refugee Medical Assistance will increase from four months to eight; states have up to 30 days to implement.

Energy. The Department of Energy issued a notice of a change-in-control filing by Commonwealth LNG, LLC, an LNG export developer; comments are due July 29, 2026.

Endangered species. Separately from the “harm” rescission, the Fish and Wildlife Service issued 90-day findings that petitions to list species including the Cascade red fox, diamondback terrapin, and plains spotted skunk present substantial information, triggering status reviews.

No presidential documents appeared in the July 14 issue. The most recent, filed earlier in the month, include executive orders on regenerative agriculture (June 30) and quantum innovation (June 25), along with a July 8 proclamation marking the 250th anniversary of the Declaration of Independence.

Methodology

This digest is compiled from the Federal Register’s official public database for the July 14, 2026 issue. Every entry above links to the source document; comment deadlines and effective dates are drawn from each filing’s “Dates” section. Where a rule’s practical effect is contested, TIJ has noted the competing characterizations rather than adjudicating them. Readers who wish to comment on any open proposed rule can do so through the docket linked in each Federal Register notice, typically via Regulations.gov, before the stated deadline.

ByEduardo Bacci

Investigative journalist and founder of The Investigative Journal. Specializing in OSINT-driven reporting on corporate malfeasance, government accountability, and institutional corruption.