Trump Seeks to Eliminate Endangered Species Protections, Critical Habitat

The Trump Administration has finalized a rule attempting to change the definition of “harm” under the Endangered Species Act (ESA), to eliminate protections for critical habitat on which endangered species depend to survive. 

The changed definition of “harm” to endangered species reverses an understanding of the law which has been in place for more than 50 years since the Act was passed in 1973. Wildlife advocates said that it would result in the extinction of protected species through destruction of the places they live by unrestricted logging, drilling, mining, and other development. The first Trump Administration attempted related rollbacks, which were later reversed under the Biden Administration. 

Destructive, Polluting Industries Pushing for Change

“You cannot protect a species while you destroy its home. Preserving species’ habitats is the only way to ensure they can be protected. Habitat is the food, the water, and the shelter that keep plants and animals alive, and this rule tells industry it can wipe those out and walk away,” said Andrew Wetzler, senior vice president for nature at Natural Resources Defense Council (NRDC). “This did not come from science. And it doesn’t reflect lawmakers’ intent in passing our most important wildlife protection law. It is part of a broad campaign from the industries that want to clear the way to destroy and pollute lands and waters. The public has made it clear that we don’t want this. The Endangered Species Act has kept America’s wildlife from vanishing for more than half a century, and we will fight to keep it strong.” 

Legal Challenge to Block the Change

The Southern Environmental Law Center (SELC) has already filed notice of its intent to sue with the relevant federal wildlife agencies. In a statement, SELC called the change “reckless and illegal” and said, “for decades, habitat protections under the ESA have been critical to the survival and recovery of nearly all listed species.” If successful, the lawsuit could block the rule change. SELC is representing the National Wildlife Federation, four of its state affiliates – including North Carolina – and other groups. 

“To remove habitat considerations from how we conserve wildlife is simply illogical,” said Tim Gestwicki, CEO of the North Carolina Wildlife Federation. “This proposal to remove habitat protections is a death knell for species.”

No Scientific, Legal, or Public Support

Other organizations are expected to follow suit through legal challenges. “For the first time ever, a presidential administration now claims that species protected by the Endangered Species Act shouldn’t be safe from habitat modification that destroys where they live, raise their young, or search for food. Let’s be clear: there is no support for the Trump administration’s rule — no scientific support, no legal support, no public support. We will see the Trump administration in court,” declared Kristen Boyles, an attorney with the national environmental law group Earthjustice. 

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