Trump admin narrows ESA harm definition, dropping habitat loss

The Trump administration finalized a significant regulatory change to the Endangered Species Act on Friday, July 10, 2026, narrowing the legal definition of "harm" to exclude habitat destruction. The move, announced by the Departments of the Interior and Commerce, rescinds a decades-old interpretation that treated significant habitat modification as a prohibited action if it killed or injured protected species.

Under the new rule, actions that damage or destroy the habitat of threatened or endangered wildlife will no longer automatically constitute a legal violation, so long as the activity does not directly injure or kill the animals. Officials said the change restores the landmark environmental law to its original congressional intent, ending what they described as federal overreach. Interior Secretary Doug Burgum stated that prior administrations had abused the act to obstruct lawful land use, turning routine activities into a regulatory trap and burdening American families and businesses.

The administration argued the revision will reduce permitting and compliance costs for a range of industries, including energy production, agriculture, fishing, and logging. Officials cited...