The Trump administration has finalized a rule that alters how federal agencies enforce the Endangered Species Act (ESA), a move environmentalists contend will weaken protections for imperiled wildlife. The regulation, announced Friday, narrows the definition of "harm" under the law, a change that could permit logging, oil drilling, and other development activities in critical habitats, provided the animals themselves are not directly killed or injured.
For decades, the definition of harm under the ESA included encroachments on areas vital to threatened and endangered species. The administration stated the change aligns the law with its original intent and is responsive to a Supreme Court decision limiting federal agencies' authority to interpret congressional statutes. Officials also cited concerns about private property rights, describing the prior definition of harm as an overreach.
Environmental groups have strongly opposed the rule, arguing that habitat destruction is the primary driver of extinction. They warned that the alteration could lead to species extinction by opening up sensitive areas to development.
"This is one of the most horrific attempts to harm wildlife in American history and a gift to the oil barons and foreign mining companies," said Aaron Weiss, executive director of the Center for Western Priorities.
Industry representatives and Republican allies have argued that the 1973 ESA has been applied too broadly, hindering economic growth. The Interior Department stated that federal agencies had previously "abused the ESA to obstruct lawful land use and burden American families and businesses."
The ESA is credited with aiding the recovery of species such as the bald eagle, American alligator, and California condor. Republicans had previously rolled back provisions of the law during Trump's first term, actions that were later reversed under President Joe Biden.