Trump admin says it returned Endangered Species Act to original intent by changing 'harm' definition

The Trump administration announced Friday that it is redefining how the federal government is interpreting the word "harm" in the Endangered Species Act moving forward, in a move designed to return the legislation to its original intent.

The Commerce and Interior Departments said they are rescinding the "outdated" regulatory definition of "harm," stating it will no longer interpret “harm” of a protected species to include modifications to a plant or animal’s habitat that could be detrimental to its survival.

The departments argued that previous administrations "weaponized" the word to block energy production, logging, infrastructure projects and private citizens' land use.

“For years, federal agencies abused the ESA to obstruct lawful land use and burden American families and businesses,” Interior Secretary Doug Burgum said in a news release. “This action restores common sense, respects private property, provides much-needed certainty for landowners and follows the statute Congress actually passed.”

The departments said in a joint release that the underlying intention behind the ESA will remain in place, including prohibiting actions that directly injure or kill endangered wildlife. 

The reform is also based on the Supreme Court’s 2024 decision in Loper Bright v. Raimondo, which requires agencies to interpret the text of laws when evaluating federal regulations rather than relying on a federal agency's interpretation.

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.