Trump Administration Reinterprets Endangered Species Act to Allow Accidental Killing

The Trump administration has issued a new interpretation of the Endangered Species Act that would no longer consider the inadvertent killing of endangered animals illegal, provided the animals were not intentionally targeted. This directive, sent to U.S. Fish and Wildlife Service employees, marks a significant change in how the environmental law will be enforced, moving away from historical practices that held individuals liable even for accidental harm to protected species.

Under the previous interpretation, actions such as logging a forest or building a dam could be deemed illegal if they resulted in the death of endangered species like grizzly bears, manatees, or spotted owls. Experts have stated that the new guidance could allow companies to proceed with projects that knowingly could harm protected wildlife. Dan Ashe, former head of the Fish and Wildlife Service, described the change as creating a "huge loophole" that relieves individuals of responsibility for their actions, even predictable consequences.

This policy shift aligns with efforts by the Trump administration, encouraged by Republican lawmakers and industry lobbyists, to modify key provisions of the Endangered Species Act and exempt companies from certain regulations. Administration officials have asserted that these changes aim to restore the law to its original intent, particularly following a Supreme Court decision that limited the interpretive authority of federal agencies on environmental statutes.

The directive, dated September 14, was issued by Fish and Wildlife Service Director Brian Nesvik. It clarifies that "felling a tree is not a take of the bats roosting in it unless the tree is felled for the purpose of killing or capturing them," as the bats' impact would be considered "indirectly and accidentally."

This new interpretation builds upon a July rule that narrowed the definition of "harm" under the Endangered Species Act. The Interior Department stated that the prohibition on "take" continues to cover actions such as harassing, pursuing, hunting, shooting, wounding, killing, trapping, capturing, or collecting protected wildlife. However, environmentalists warn that these recent changes could accelerate extinctions by permitting the killing of protected species and facilitating habitat destruction.

The Endangered Species Act has been credited with helping to recover numerous species, including the bald eagle and the American alligator. The administration's actions have faced legal challenges from states and conservation groups seeking to reverse these changes. This is not the first time the law has seen modifications under the Trump administration, with previous rollbacks having been reversed under the Biden administration, only to be potentially revived again.