The Fish and Wildlife Service and National Marine Fisheries Service have issued a proposed rule to change the definition of the term “habitat” under the Endangered Species Act. The rule proposes to define the term “habitat” as “the physical places that individuals of a species depend upon to carry out one or more life processes. Habitat includes areas with existing attributes that have the capacity to support individuals of the species,” or, alternatively, as “the physical places that individuals of a species use to carry out one or more life processes. Habitat includes areas where individuals of the species do not presently exist but have the capacity to support such individuals, only where the necessary attributes to support the species presently exist.” The agencies are accepting comments on the proposed rule until September 4, 2020. The proposed rule comes in response to the Supreme Court’s recent decision in Weyerhaeuser Co. v. U.S. FWS.