US Government Reinterprets Endangered Species Act

In a recent memo, the US government announced that it would no longer consider the unintentional killing of protected wildlife as unlawful. This policy shift regarding the Endangered Species Act (ESA) was reported by The New York Times and confirmed by officials to AFP on Thursday. The memo, signed by Brian Nesvik, director of the Interior Department's Fish and Wildlife Service, redefines the term "take"—which relates to pursuing, killing, or capturing a species—to mean "affirmative conduct intentionally directed against a particular animal or animals." As a result, wildlife deaths from foreseeable risks posed by activities such as commercial fishing or logging would be exempt from the ESA. Historically, the wildlife service held individuals liable for accidentally harming protected species, including grizzly bears, manatees, and spotted owls. Dan Ashe, who led the Fish and Wildlife Service under former President Barack Obama, criticized the change, stating, "This cuts against the entire history of the Endangered Species Act. It just creates a huge loophole. It completely relieves people of any responsibility for their actions, even consequences that can be easily predicted." The Interior Department confirmed the memo's authenticity, stating that it accurately reflects the guidance for implementing the ESA following the final rule rescinding the regulatory definition of "harm." The department emphasized that the ESA's prohibition on "take" continues to prohibit conduct including harassing, pursuing, hunting, shooting, wounding, killing, trapping, capturing, or collecting protected wildlife. Last year, the Trump administration indicated it would consider "economic considerations" when deciding whether to protect species at risk of extinction. This move is part of a broader effort to loosen the ESA's regulations, reversing decades of precedent in the law's interpretation and application. Interior Secretary Doug Burgum argued that the changes are necessary, claiming the ESA has been "weaponized" to hinder economic projects, weaken competitiveness, undermine national security, and ultimately harm Americans. Among the changes is the redefinition of "harm," which would permit oil drilling, mining, and other activities in endangered habitats as long as those activities do not directly kill or injure the animals. The automatic application of endangered species protections to those listed as "threatened" has also been halted. Additionally, the Trump administration announced the reduction of two vast stretches of protected land in Utah by over 90%, opening millions of acres for fossil fuel extraction and mining. Last week, the attorneys general of 20 Democratic-led states, along with Washington, DC, filed a lawsuit against the administration regarding its overhaul of the ESA. One lawsuit addresses the redefinition of "harm," while another challenges a rule that removes protections for newly threatened species and the new business-related considerations in declaring "critical habitats." Washington Attorney General Nick Brown stated, "The Trump administration is trying to undermine the law, the will of Congress and the will of the people who overwhelmingly support protections for endangered species. Instead of stewardship, this administration's approach to our land, to our water is one of exploitation."