Trump Administration Removes Liability for Accidental Wildlife Killing

The administration of Donald Trump has issued a new interpretation of the Endangered Species Act (ESA) that removes legal liability for the accidental killing of protected wildlife. A September 14 directive from U.S. Fish and Wildlife Service Director Brian Nesvik specifies that imperiled animals or plants must be intentionally targeted for their killing to be considered illegal.

This policy marks a departure from previous agency practice, which held parties liable for incidental harm caused by activities such as logging or dam construction. Administration officials state the change returns the law to its original intent following a 2024 Supreme Court decision. The U.S. Department of the Interior clarified that the prohibition on take still covers conduct such as harassing, pursuing, hunting, shooting, wounding, killing, trapping, capturing, or collecting protected wildlife.

Conservation groups and several states have filed lawsuits to block the change. The Center for Biological Diversity argues the directive creates a loophole that prioritizes industry over the natural world and could accelerate extinctions.