OH NO NOT AGAIN

Submitted by ub on

When will they ever learn that being kind to nature, including animals and plants is a profound act of compassion that not only saves lives but also fosters a deeper connection between humans and the entire animal and plant kingdom, promoting empathy and responsibility.

Here we go again ladies and gentlemen. The Endangered Species Act (ESA) has not been eliminated. It is still federal law. However, a significant regulatory change was finalized in July 2026 that narrows how one of the law's key protections is applied.

  • For decades, federal regulations interpreted the ESA's prohibition on "harm" to include significant destruction or degradation of habitat if that would injure or kill protected species over time.
  • The new rule rescinds that regulatory definition of "harm." Under the administration's interpretation, the focus shifts more toward direct injury or killing of protected animals, rather than habitat destruction by itself. 

The change could make it easier for some projects—such as:

  • logging,
  • mining,
  • oil and gas development,
  • construction, and
  • other land development

to move forward in areas where endangered species live, if the activity does not directly injure or kill the animals, even if it alters or reduces their habitat. Exactly how broadly this applies will likely depend on future court decisions and agency enforcement. 

Supporters of the rule argue that:

  • it better matches the wording Congress wrote into the ESA,
  • it reduces regulatory burdens and uncertainty for landowners and businesses, and
  • it follows recent Supreme Court guidance limiting agencies' authority to expand statutes through regulation. 

Opponents argue that:

  • habitat loss is the leading cause of extinction for many species,
  • protecting habitat is essential to protecting the animals themselves, and
  • weakening habitat protections undermines one of the ESA's most effective conservation tools. Several environmental organizations have already filed lawsuits challenging the rule. 

 

  • The Endangered Species Act still exists.
  • A major protection related to habitat has been narrowed through regulation, not by repealing the law itself.
  • The change is being challenged in court, so its ultimate legal status may change.

https://www.sltrib.com/news/environment/2026/07/13/president-trump-shri…