US proposes looser interpretation of law that protects threatened species

April 16, 2025 3:06 PM EDT

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(Reuters) -The Trump administration on Wednesday proposed a major change to how threatened species are considered in agency actions by removing regulatory language that seeks to prevent their habitats from being degraded.

The move was aligned with President Donald Trump's pledge to unwind what he says are burdensome federal regulations for businesses.

The Endangered Species Act is a key regulatory consideration for agencies when considering whether to grant permits for oil and gas, mining, electric transmission and other operations on federal lands and water. Under federal law, agencies are required to evaluate the environmental impact of proposed industry operations that could threaten endangered species.

In a regulatory notice, the U.S. Fish and Wildlife Service and National Marine Fisheries Service, divisions of the Departments of Interior and Commerce, proposed to rescind the definition of "harm" included in their ESA regulations.

Those definitions, which include habitat modification, represent an expansion of the intent of the ESA, which prohibits the take of an endangered fish or animal, the notice said.

In the ESA, "take" is defined as "to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct."

The ESA, signed into law in 1973, is credited with helping to save the bald eagle, California condor and numerous other animals and plants from extinction.

The public may submit comments on the proposal for 30 days following its publication in the Federal Register, which is expected on Thursday.

Officials at the Commerce and Interior departments did not respond to requests for comment.

Environmental groups said the action would harm protected species.

"There’s just no way to protect animals and plants from extinction without protecting the places they live, yet the Trump administration is opening the flood gates to immeasurable habitat destruction," Noah Greenwald, co-director of endangered species at the Center for Biological Diversity, said in a statement.

"Nobody voted to drive spotted owls, Florida panthers or grizzly bears to extinction."

(Reporting by Nichola Groom; Editing by Aurora Ellis)



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