The U.S. President Donald Trump’s administration recently finalized a rule that narrows what qualifies as “harm” under the Endangered Species Act. Under the new definition of harm, only actions that directly harm or kill endangered species will be prohibited. Until recently, the definition of harm also included damaging the habitat endangered wildlife depend on for food and shelter.
“This rule change is ludicrous. A kindergartener could explain that destroying an animal’s home will harm the animal,” Tierra Curry, endangered species co-director with the U.S.- based nonprofit Center for Biological Diversity, told Mongabay in an email.
The Endangered Species Act is a bedrock U.S. environmental law established more than 50 years ago. The law prohibits any person to “take” endangered species. “Take” has widely been interpreted to prohibit both directly killing or harming endangered species and damaging the habitat that is essential for their survival. That interpretation was upheld by a 1995 Supreme Court case involving spotted owls which ruled that harm also includes “significant habitat modification or degradation where it actually kills or injures wildlife.”
The new rule abandons that longstanding interpretation.
