Trump administration narrows ESA definition of harm to exclude habitat damage

The Trump administration issued a rule that narrows the Endangered Species Act’s definition of “harm” to apply only when an endangered animal is intentionally killed, eliminating the longstanding protection for habitat modification or degradation. Since 1975, the ESA has treated significant habitat loss as a form of harm because it disrupts critical behaviors like breeding, feeding, and sheltering. By limiting “harm” to direct killing, the new policy makes it legally permissible to destroy habitats that support species such as the red wolf and whooping crane, even if the loss could eventually cause extinction.

Scientific consensus, including reports from Stanford University and the United Nations, identifies habitat destruction as the leading cause of species endangerment. The rule revision has been condemned by environmental organizations and experts who argue it reverses vital conservation gains achieved since the ESA’s passage in 1973. The administration justifies the change as a return to the statute’s original text, despite the Supreme Court’s 1995 decision upholding the broader definition.