Destroying endangered species’ habitat wouldn’t count as ‘harm’ under proposed Trump rule
The Trump administration is proposing to significantly limit the Endangered Species Act’s power to preserve crucial habitats by changing the definition of one word: harm.
On Wednesday, the administration proposed a rule change that would essentially prohibit only actions that directly hurt or kill actual animals, not the habitats they rely on. If finalized, the change could make it easier to log, mine and build on lands that endangered species need to thrive.
“Habitat loss is the biggest single cause of extinction and endangered species — it makes sense to address it,” said Brett Hartl, government affairs director at the Center for Biological Diversity. He called efforts to deny that cause “callous and reckless.”
“Any conservation gains species were making will be reversed — we’re going to see losses again,” he said.
Under the Endangered Species Act, it’s illegal to “take” an endangered species. By law, “take” is defined to mean actions that harass, harm, or kill species. For decades, federal agencies have interpreted “harm” broadly, to include actions that modify or degrade habitats in ways that impair endangered species’ ability to feed, breed or find shelter.
That interpretation has been a crucial part of how the Endangered Species Act has protected over 1,700 species since its passage in 1973, said Hartl. It’s helped preserve spawning grounds for Atlantic Sturgeon, allowing them to mate and sustain the population. It’s protected old-growth forests in the Pacific Northwest that house northern spotted owls and red-cockaded woodpecker, saving them from extinction.
In the 1990s, timber companies that wanted to harvest those old-growth forests challenged the government’s broad interpretation of harm. The Supreme Court ultimately upheld that interpretation in a 6-3 decision.
In a dissenting opinion, Justice Antonin Scalia disagreed with that interpretation. He argued that in the context of wild animals, “take” should be interpreted more literally, as an affirmative act directed against a particular animal, not an act that indirectly causes injury to a population.
The Trump administration cites Scalia’s argument in its proposal, saying it’s “undertaking this change to adhere to the single, best meaning of the ESA.”
Conservation experts argue it makes no sense to adopt such a narrow definition of harm. “If you’re a prairie chicken in the southwest, and there’s an oil and gas developer and they want to destroy your prime breeding display grounds, the bird can’t mate,” said Hartl.
“You’re not actually harming any of them directly,” he said, but the end result is essentially the same.
The public has 30 days to comment on the proposed rule change. The move will also likely be challenged in court.
4 takeaways from Erin Patterson’s testimony at her toxic mushroom triple murder trial
Patterson is accused of putting death cap mushrooms in a meal she served her estranged husband's relatives in July 2023, killing three. She took the stand in Week 6 of the trial gripping Australia.
Torture and treason trials: what’s happening in Tanzania?
Tanzania's government is facing growing accusations of repression after prominent human rights defenders say they were beaten and sexually assaulted while in custody.
International students in the U.S.: Who they are, where they’re from
The Trump administration continues to target foreign nationals looking to attend U.S. universities. Here's a closer look at who these students are, where they come from and what they study.
‘You barely see people out’: How immigration raids are reshaping daily life in Puerto Rico’s Dominican enclave
Puerto Rico's Dominican immigrant community is on edge following a series of immigration raids, which started in January. People have stopped going to work, sending kids to school, or attending medical appointments. What was once a lively barrio is now mostly quiet in the wake of the crackdown.
A baklava crawl in the Turkish city that’s obsessed with the pastry
Here's how the Turkish city of Gaziantep became synonymous with baklava, the sweet pastry made of layers of phyllo dough, filled with nuts and soaked in syrup or honey.
WorldPride caps off its first D.C. celebration with a weekend parade
The global LGBTQ+ festival was held for the first time in the nation's capital. Organizers say the current political environment has dampened the excitement surrounding the celebration.