Updated
Updated · The New York Times · Jul 10
Trump Weakens Endangered Species Act Habitat Protections With New 'Harm' Rule After 50 Years
Updated
Updated · The New York Times · Jul 10

Trump Weakens Endangered Species Act Habitat Protections With New 'Harm' Rule After 50 Years

3 articles · Updated · The New York Times · Jul 10

Summary

  • Friday's final rule from the Interior and Commerce departments scraps a 50-year interpretation of "harm," so destroying an endangered species' nest or habitat would no longer automatically violate the Endangered Species Act.
  • The change narrows harm to direct injury or killing, reversing a broader standard the Supreme Court upheld in 1995 that treated significant habitat degradation as illegal when it impaired feeding, sheltering or breeding.
  • Farming, drilling, mining and real estate development could now move more easily into habitats of imperiled species, adding pressure on animals already losing places to live, according to experts and environmental groups.
  • The rollback extends a broader Trump administration push to loosen environmental rules; in March, officials exempted Gulf of Mexico oil and gas drilling from protections for endangered whales and other species.

Insights

With Chevron deference overturned, will courts now become the ultimate arbiters of species protection?
If habitat loss is no longer 'harm,' what now protects species from the primary driver of extinction?