The Trump administration is rescinding a decades-old Endangered Species Act (ESA) rule that officials claim was "weaponized" to impede energy production, logging, infrastructure projects, and private land use. The Interior and Commerce Departments announced Friday they are rolling back the regulatory definition of "harm," aiming to return the ESA's interpretation to its original intent.
Interior Secretary Doug Burgum stated that for years, federal agencies "abused the ESA to obstruct lawful land use and burden American families and businesses." He characterized the previous approach as a "regulatory trap" that increased costs and expanded federal authority beyond congressional intent.
The administration is leveraging the Supreme Court's 2024 decision in Loper Bright v. Raimondo, which ended "Chevron deference," requiring courts to independently interpret federal statutes instead of relying on an agency's preferred reading. Officials argue this allows regulations to align with the "single best" meaning of a statute, rather than being "contorted to fit a political agenda."
Officials pointed to the dunes sagebrush lizard, listed as endangered by the Biden administration in 2024, as an example of what they consider speculative habitat-based restrictions. They contend this led to unnecessary limitations on energy projects in Texas's Permian Basin. Under Section 9 of the ESA, "take" is defined to include actions like harming, harassing, or wounding protected species. Federal materials previously tied the decline of species like the dunes sagebrush lizard to surface-disturbing activities, such as energy development and sand mining, which can result in costly permitting and compliance requirements.
Another example cited is the lesser prairie-chicken, a grassland bird whose federal protections have faced opposition from farmers, ranchers, and energy developers across five states. The dispute over habitat-based "harm" has a long history, including the northern spotted owl. The owl's 1990 ESA listing fueled extensive debate over timber harvesting in the Pacific Northwest, with a 2021 study estimating it reduced timber employment by 16,000 to 32,000 jobs. While timber interests and landowners argued "harm" should only cover direct injury, the Supreme Court upheld a definition including significant habitat modification in 1995.
Commerce Secretary Howard Lutnick asserted that fishermen have been particularly burdened by the regulation. He added that returning the ESA to its original purpose will protect both the environment and economic development. U.S. Fish and Wildlife Service Director Brian Nesvik affirmed the administration's commitment to using "Gold Standard Science, the law and the tools Congress actually gave us" to protect species while respecting communities.
Administration officials emphasized that core ESA protections, including prohibitions against directly harming or killing protected wildlife, remain in place. The change is intended to reduce permitting and compliance costs, provide greater legal clarity for landowners and developers, and support domestic energy production.