Trump Administration Narrows Endangered Species Act Habitat Protections

The Trump administration finalized a rule on July 10, 2026, that narrows the definition of "harm" under the Endangered Species Act. Jointly issued by the Department of the Interior and the Department of Commerce, the regulation removes habitat modification or degradation from the definition of illegal harm. This allows oil and gas drilling, mining, logging, and real estate development in critical wildlife habitats provided individual animals are not directly killed or injured.

Interior Secretary Doug Burgum defended the move as a restoration of the law's original intent and a correction of federal overreach, citing a 2024 Supreme Court decision that limited agency interpretive authority. The rule, set to take effect on September 14, aims to reduce compliance costs and respect private property rights. However, state wildlife officials, including those from the North Dakota Game and Fish Department, warned that state agencies lack the funding and legal authority to prevent habitat destruction.

In response, a coalition of nine environmental groups, including Earthjustice and the Sierra Club, filed a lawsuit in federal district court in Seattle. Additionally, the Swinomish Indian Tribal Community and the Squaxin Island Tribe filed a separate suit, arguing the rule threatens treaty-protected fisheries and salmon stocks in Puget Sound. While the American Petroleum Institute supported the rescission to promote energy leadership, plaintiffs argue the change is "arbitrary and capricious" and defies scientific research regarding species extinction.