The Trump administration has issued a new interpretation of the Endangered Species Act (ESA), a law designed to protect at-risk plants and animals in the United States. Under this new guidance, companies would not be held legally responsible for accidentally killing endangered species, such as grizzly bears or manatees, unless the killing was intentional. This marks a shift from previous practices, where individuals could face legal consequences for unintentionally harming protected wildlife, such as by disturbing their habitats during construction or logging.
Environmental experts and former officials have raised concerns that this new rule could allow industries like timber logging or infrastructure development to proceed without fear of legal action, even if they know their activities might harm endangered species. Dan Ashe, a former director of the U.S. Fish and Wildlife Service, criticized the change, calling it a departure from the ESA’s long-standing purpose and warning it creates a significant loophole for industries. The administration claims it is aligning the law with a 2024 Supreme Court ruling that limited federal agencies' power to interpret environmental laws.
The new interpretation was outlined in a September 14 directive from Fish and Wildlife Service Director Brian Nesvik, which stated that actions like cutting down a tree would not count as harming a species unless the tree was felled specifically to kill or capture the animal. This approach is based on a 1995 Supreme Court opinion by Justice Antonin Scalia, which argued that the law should be interpreted narrowly. The directive follows a July rule that redefined "harm" under the ESA, narrowing the scope of what constitutes illegal activity.
The Interior Department maintains that the ESA still prohibits actions like hunting, trapping, or killing protected species, but it has redefined what counts as "harm" to include only direct actions. Environmentalists argue that this shift could accelerate the extinction of vulnerable species by allowing habitat destruction and accidental deaths to go unpunished. Noah Greenwald of the Center for Biological Diversity called the changes a "free for all" that prioritizes industry interests over conservation. The ESA has historically played a key role in saving species like the bald eagle and the California condor, but its provisions have been subject to political changes, with recent efforts under the Trump administration reversing some of the protections previously restored by the Biden administration.
Trump administration revises Endangered Species Act enforcement
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