On July 10, 2026, the Trump administration finalized a new rule that repeals a significant aspect of the Endangered Species Act (ESA), allowing habitats of endangered species to be opened for development, logging, mining, and other uses. This change alters the previous definition of 'harm' within the ESA, which had included protections for the habitats critical to the survival of listed species. The broader interpretation of 'harm' had been upheld by the Supreme Court in 1995, particularly in relation to protections for old-growth forests that are vital for endangered species such as the spotted owl.
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EPA Finalizes Rule to Open Endangered Species Habitats to Development
The Trump administration has finalized a rule that removes protections for the habitats of endangered species under the Endangered Species Act, allowing for development and resource extraction in these areas. This change modifies the definition of 'harm' that previously included habitat protections upheld by the Supreme Court.
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‘Death sentence’: Trump’s EPA to open habitats of endangered species to logging and mining
EPA Finalizes Rule to Open Endangered Species Habitats to Development