Interior Department Proposal Could End Habitat Protections for Endangered Species
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Loading... - Kevin Sinclair
- 17 Apr 2025
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The U.S. Department of the Interior has proposed a controversial rule that could significantly weaken habitat protections for endangered species under the Endangered Species Act (ESA). If approved, this proposal would redefine the term "harm" as it relates to threatened and endangered wildlife, potentially paving the way for increased habitat destruction.
Key Changes in the Proposal
The proposed rule, issued by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service, seeks to eliminate what the administration deems a "legally incorrect" definition of "harm." Currently, the ESA prohibits actions that "harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect" listed species. The existing regulations define "harm" to include significant habitat modifications that could impair the breeding, feeding, or sheltering patterns of these species.
The new proposal argues that the current definition of "harm" contradicts the best interpretation of the ESA, suggesting that elaborating on the term is unnecessary given the comprehensive statutory definition of "take." This change could strip away protections against habitat destruction, which is a major factor driving many species toward extinction.
Conservationists' Concerns
Leading conservation groups, including the Center for Biological Diversity, Defenders of Wildlife, and Earthjustice, have expressed strong opposition to the proposal. They argue that without protecting the habitats where endangered species live, the effectiveness of the ESA will be severely undermined. Noah Greenwald, co-director of endangered species at the Center for Biological Diversity, criticized the proposal as an attempt to "drive a knife through the heart of the Endangered Species Act," warning that it would lead to significant habitat destruction.
Andrew Bowman, president and CEO of Defenders of Wildlife, emphasized that most endangered species are on the list due to habitat loss. He noted that the ESA has a 99% success rate in preventing species extinction and is widely supported across political lines. The proposed changes, he argued, would further endanger threatened and endangered species.
Legal and Political Context
The push to redefine "harm" appears to be influenced by a recent U.S. Supreme Court decision that overruled the Chevron doctrine, which had previously upheld the ESA's definition of "harm." This legal shift has prompted the Interior Department to reassess its regulations, claiming that the existing definition does not align with the best interpretation of the statute.
The proposal is part of a broader campaign to alter the ESA, with recent legislative efforts in Congress aimed at streamlining regulatory processes related to the act. Conservation groups are urging lawmakers to oppose these changes, arguing that they would further weaken the law's protections for endangered species.
The Interior Department's proposal to redefine "harm" under the Endangered Species Act has sparked significant concern among conservationists and environmental advocates. As the debate unfolds, the potential implications for habitat protection and the future of endangered species remain critical issues that will require careful consideration and public engagement.
