Trump Administration Redefines Species Protection in US

An internal memorandum from the Fish and Wildlife Service (FWS), distributed on September 14, has sparked intense debate by redefining what "take" means under the United States' Endangered Species Act (ESA). The change restricts the prohibition to intentional acts, causing concern among environmental organizations.

Reinterpretation of the Definition of "Take"

The document clarifies that "take" – previously defined as any act causing harm or death to an endangered species – now only encompasses deliberate and intentional actions. According to the memo, a ship inadvertently colliding with a whale would not have committed "take," as there was no intent to strike the animal.

Exclusion of Economic Activities from Liability

This new interpretation excludes, for instance, the cutting of trees harboring bats or mineral exploration that harms habitats, unless the action was specifically planned to kill or capture the species. This interpretation distances activities like mining, logging, and industrial development from the liability stipulated by the ESA.

Environmental Organizations React

The Center for Biological Diversity and Earthjustice characterized the measure as a "prescription for extinction," noting that the decision contradicts the Supreme Court's understanding in the case of Babbitt v. Sweet Home (1995). Brett Hartl, the Center's government affairs director, stated that the administration is seeking "a get-out-of-jail-free card" for those who harm endangered species.

Context of Regulatory Rollbacks

The redefinition follows the July revocation of the definition of "harm," which included the death or injury of flora and fauna, as well as significant habitat modifications. Interior Secretary Doug Burgum justified the change, claiming that the previous definition "obstructed legitimate land use and burdened American families and businesses."

Potential Legal Developments

Twenty states and the District of Columbia have already filed a lawsuit against the administration, challenging the removal of habitat protection from the definition of "take." The Department of the Interior, responsible for the FWS, stated that the new rule "restores" Congress's original interpretation, while maintaining the ESA's core protections.

With information from The Guardian, The Hill.