The Trump administration finalizes a rule that narrows the Endangered Species Act by excluding most habitat modification from the legal definition of "harm," allowing development that does not directly kill or injure listed animals.The US Fish and Wildlife Service and National Oceanic and Atmospheric Administration Fisheries jointly eliminate the 1981 regulatory definition without providing a replacement, citing a 2024 Supreme Court decision that limits agency deference.Interior Secretary Doug Burgum and Commerce Secretary Howard Lutnick argue the change restores congressional intent and reduces permitting burdens on energy, mining, logging and fishing interests, while existing permits remain valid and direct take remains prohibited.Environmental groups including
Earthjustice and the Center for Biological Diversity promise immediate litigation, warning that allowing habitat destruction threatens species survival and could undo recoveries such as the bald eagle and California condor.