The Trump administration is narrowing federal wildlife protections through regulatory changes and a new enforcement directive under the Endangered Species Act, drawing legal challenges from states and warnings from conservation groups.
A rule effective Sept. 14 rescinded the regulatory definition of “harm,” which had included significant habitat modification that actually kills or injures protected wildlife by disrupting essential behaviors such as breeding, feeding or sheltering. The change weakens a longstanding tool for addressing habitat destruction, although it does not repeal the act or eliminate every habitat safeguard.
Separately, the Sept, 14 directive from Fish and Wildlife Service Director Brian Nesvik instructs officials to interpret prohibited wildlife “take” as requiring intentional targeting. Under that interpretation, incidental deaths during activities such as logging or construction would fall outside the prohibition. Conservation advocates argue this creates a major loophole.
Other finalized changes remove automatic protections for newly listed threatened species, relying instead on species-specific rules. They also revise procedures for excluding areas from critical habitat designations based on economic, national security and other considerations.
Officials from the Department of the Interior say these measures restore Congress’ intent, reduce burdens on businesses and landowners, and allow conservation protections tailored to individual species. They argue success should be measured by recovery rather than continued listing.
Opponents warn that reduced habitat protections could accelerate species declines. On Sept. 9, attorneys general from 20 states and Washington, D.C., filed two lawsuits challenging three regulatory rollbacks, arguing they violate federal environmental and administrative laws. The disputes concern how the administration implements the 1973 statute, which remains in place.
Guest:
Wayne Pacelle is the president of Animal Wellness Action.
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