
The Trump administration finalized a rule redefining "harm" under the Endangered Species Act to exclude habitat destruction, effectively allowing development like logging, mining, and drilling on critical wildlife habitats as long as animals are not directly killed or injured. Source: AP
For decades, "harm" was interpreted broadly to include habitat modification that could harm species' ability to breed, feed, or find shelter—a definition upheld by the Supreme Court in 1995. Source: CNN The new rule narrows this, stating that only direct injury or killing is prohibited. Interior Secretary Doug Burgum called the prior definition a "regulatory trap" that infringed on private property rights. Source: NPR
Environmentalists reacted with alarm. "This is one of the most horrific attempts to harm wildlife in American history," said Aaron Weiss of the Center for Western Priorities. Source: AP Earthjustice attorney Kristen Boyles noted, "For the first time ever, a presidential administration now claims that species protected by the Endangered Species Act shouldn’t be safe from habitat modification." Source: Guardian In contrast, industry groups supported the change, arguing the law had been used too broadly to hinder economic growth. Source: LA Times
Conservation groups plan to challenge the rule in court, pointing to the 1995 Supreme Court precedent. However, legal analysts note the current conservative-leaning court may be less sympathetic. Habitat loss is the leading cause of extinction, and the rule could jeopardize recovery efforts for species like the California condor, desert tortoise, and monarch butterfly.
“The administration narrowed the definition of 'harm' under the landmark law — a change with broad implications.”
“The Trump administration reversed decades of longstanding environmental law protecting endangered species on Friday, opening up sensitive habitats of those protected species to drilling, mining, farming and real estate development.”
“'For years, federal agencies abused the ESA to obstruct lawful land use and burden American families and businesses,' Interior Secretary Doug Burgum said in a statement.”
“'For the first time ever, a presidential administration now claims that species protected by the Endangered Species Act shouldn’t be safe from habitat modification that destroys where they live, raise their young, or search for food,' Earthjustice attorney Kristen Boyles said.”