Administration revises Endangered Species Act definition of "harm," potentially opening habitats to development.
The administration has altered a key element of the Endangered Species Act (ESA) by redefining "harm," a change that could allow development, drilling, and mining in habitats previously protected for endangered species. The rule changes the legal standard for what constitutes "harm," overturning a long-standing interpretation that barred habitat modification or degradation. Officials from the departments stated the change restores the law’s original intent, reducing what they called "regulatory burdens" and providing certainty for landowners and businesses. However, environmental groups immediately filed lawsuits, arguing the move undermines the core protections of the ESA. They point out that habitat loss is a primary cause of species decline and that the previous, broader definition of harm was upheld by the Supreme Court in 1995. Environmental advocates warn that eliminating protections against habitat degradation severely jeopardizes vulnerable species. The legal battles are expected to draw attention to the definition of "harm," forcing a judicial review of the department's revised interpretation.