"Destroying an imperiled species’ nest or habitat is no longer illegal unless it’s intentional under the Trump administration’s rollback of the definition of “harm” under the Endangered Species Act finalized Friday.
The rollback, proposed in 2025, leaves “harm” undefined, allowing developers to avoid obtaining permits to modify habitat for an endangered or threatened species to make way for construction, mining, or other development. The US Fish and Wildlife Service in 1981 defined “harm” under the ESA as any action that hurts or kills species, including modifying or degrading an imperiled species’ habitat.
The agency said it’s fully deleting that definition without replacing it because it “was an unlawful regulatory intrusion that interfered with private property rights.” The repeal will relieve the economic burden businesses face in complying with the current rule, the Fish and Wildlife Service said.
Now, the ESA would regulate only direct physical harm to protected plants and animals, and environmental groups are expected to challenge the rollback in court. Habitat loss is among the primary reasons species become endangered."
Bobby Magill reports Bloomberg Environment July 10, 2026.
SEE ALSO:
"Trump, Ending Decades of Protection, Opens Wild Habitats to Drilling and Mining" (New York Times)
