The Trump administration has finalized a rule redefining what constitutes “harm” to endangered species and habitats under the 1973 Endangered Species Act. This change allows for drilling, mining, farming, and real estate development in sensitive habitats of protected species.

Background

The Endangered Species Act had long prohibited “habitat modification or degradation” because it could harm or kill endangered animals by impacting their ability to breed and find food or shelter. The Trump administration argues that the previous definition of harm was “outdated” and that the new rule returns the interpretation of the ESA to its original intent.

Interior Secretary Doug Burgum stated that the law’s approach had “turned routine activity into a regulatory trap, drove up costs that impacted people’s lives, and expanded federal authority beyond what Congress intended.” Commerce Secretary Howard Lutnick added that the new rule would benefit fishermen who suffered from “overly broad and burdensome regulations.”

Reactions

Environmental groups have decried the move, planning to challenge the change in court. Earthjustice attorney Kristen Boyles said, “There is no support for the Trump Administration’s rule — no scientific support, no legal support, no public support.”

The Trump administration has attempted to modify the Endangered Species Act throughout President Trump’s administration, with varying levels of success. This latest change is expected to face legal challenges, potentially reaching the Supreme Court.

Original reporting: El Paso News (HLL/CB) — read the source article.