A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the United States Fish and Wildlife Service and the National Oceanic and Atmospheric Administration relating to "Rescinding the Definition of 'Harm' Under the Endangered Species Act".
Summary
SJRES204 is a Congressional Review Act resolution to nullify the Fish and Wildlife Service and NOAA rule that rescinded the definition of 'harm' under the Endangered Species Act. The resolution is in early legislative stages, having been read twice and referred to the Senate Committee on Environment and Public Works. If passed, it would reinstate a broader definition of 'harm' that includes habitat modification, potentially increasing regulatory burdens for utilities and energy companies.
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Key Takeaways
- 1.SJRES204 is a Congressional Review Act resolution to nullify a rule that rescinded the definition of 'harm' under the Endangered Species Act
- 2.The resolution is in early legislative stages with no funding attached
- 3.If passed, it could increase regulatory burdens for utilities and energy companies operating in habitats with ESA-listed species
Market Implications
The market impact of SJRES204 is currently low due to its early legislative stage. If the resolution gains momentum, utilities with significant operations in biodiversity-rich areas ($DUK, $SO, ) could face headwinds from increased regulatory compliance costs. However, the resolution faces an uphill path in a divided Congress, and the current market reaction is likely muted.
Full Analysis
- On August 3, 2026, Senator Schiff (D-CA) introduced SJRES204, a joint resolution of disapproval under the Congressional Review Act. The resolution targets a rule from the U.S. Fish and Wildlife Service and NOAA that rescinded the definition of 'harm' under the Endangered Species Act. The bill has been read twice and referred to the Committee on Environment and Public Works, indicating an early stage in the legislative process. 2) This resolution does not authorize or appropriate any funding. It is a procedural tool to nullify an existing administrative rule. The Congressional Review Act allows Congress to overturn final agency rules by a simple majority in both chambers, subject to presidential veto. 3) No convergence signals are present in the provided data. 4) Structural winners and losers: If the resolution passes and the broader definition of 'harm' is reinstated, utilities and energy companies operating in areas with ESA-listed species could face increased compliance costs and project delays. Companies like Duke Energy ($DUK), Southern Company ($SO), and American Electric Power have significant operations in regions with high biodiversity. 5) Timeline: The resolution is in early stages. It must pass the Senate Environment and Public Works Committee, then the full Senate, then the House, and be signed by the President to take effect. Given the divided Congress and the early stage, passage is uncertain.
Intelligence Surface
Cross-referenced against federal contracts, SEC insider filings & congressional trade disclosures
No confirming evidence found yet from contracts, insider trades, or congressional activity
What the bill does
Congressional disapproval resolution under the Congressional Review Act to nullify the rule 'Rescinding the Definition of Harm Under the Endangered Species Act'
Who must act
United States Fish and Wildlife Service and National Oceanic and Atmospheric Administration
What happens
If passed, the rule rescinding the definition of 'harm' under the ESA would be nullified, potentially reinstating a broader definition that includes habitat modification as 'harm'
Stock impact
Duke Energy operates power plants and transmission lines in habitats that could be affected by a broader 'harm' definition, potentially increasing compliance costs and project delays for new infrastructure
What the bill does
Congressional disapproval resolution under the Congressional Review Act to nullify the rule 'Rescinding the Definition of Harm Under the Endangered Species Act'
Who must act
United States Fish and Wildlife Service and National Oceanic and Atmospheric Administration
What happens
If passed, the rule rescinding the definition of 'harm' under the ESA would be nullified, potentially reinstating a broader definition that includes habitat modification as 'harm'
Stock impact
Southern Company's utilities operate in the Southeast, a region with significant biodiversity and ESA-listed species, potentially increasing regulatory hurdles for new power generation and transmission projects
Key Legislators
Connected Signals
Matched on shared policy language across AI analyses, with ticker & timing weight
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