Trump Administration Narrows Endangered Species Act Harm Definition

The Trump administration finalized a rule on July 10, 2026, that narrows the definition of harm under the Endangered Species Act (ESA). Jointly issued by the Department of the Interior and the Department of Commerce, the regulation removes habitat destruction from the definition of illegal harm. This change allows developers to impair critical wildlife habitats for oil and gas drilling, mining, and logging, provided the animals are not directly injured or killed.

Interior Secretary Doug Burgum defended the move as a restoration of the law's original intent and a correction of previous agency abuses. He cited a 2024 Supreme Court decision that limited the authority of federal agencies to interpret environmental statutes, arguing the previous interpretation had turned routine activity into a regulatory trap and interfered with private property rights.

Environmental organizations, including Earthjustice and the Sierra Club, condemned the rule as a path to species extinction. Earthjustice announced plans to sue the administration, asserting that the rule lacks scientific and legal support. Aaron Weiss, Executive Director of the Center for Western Priorities, characterized the decision as a gift to oil barons and foreign mining companies.

California is expected to be heavily impacted due to its high biodiversity, with nearly 300 protected species at risk, including the desert tortoise and California condor. The rollback follows other administration actions, including the approval of a water pipeline in the Mojave Desert.