Brian Nesvik Expands Rollback of Endangered Species Protections

U.S. Fish and Wildlife Service Director Brian Nesvik issued a directive expanding the rollback of endangered species protections. The memo allows developers and loggers to kill endangered animals as long as the killing is not the primary purpose of the activity. Under this guidance, actions such as felling a tree or a vessel striking a whale do not constitute an illegal take unless the action was intentionally directed at the animal.

This directive follows a previous rule that excluded habitat destruction from the definition of harm. Nesvik argued that felling a tree is not a take of roosting bats unless the tree is felled to kill or capture them, and that a vessel striking a whale is not a take if the course was not set against the animal.

Wildlife advocates and former agency officials claim the move removes essential safeguards and renders the Endangered Species Act meaningless. Conservation groups, including the Center for Biological Diversity and Earthjustice, characterized the approach as disingenuous. Conversely, some conservatives argue the decision protects individuals from litigation. The directive is expected to increase citizen lawsuits and adds to existing legal challenges filed by a coalition of tribes, environmental groups, and attorneys general against the administration's conservation policies.