Killing endangered wildlife is legal if they aren't the target, new Trump rule says

(AP) — Killing endangered animals while logging a forest or building a dam would not be considered illegal unless the animals were specifically targeted, under a new interpretation of the Endangered Species Act by President Donald Trump's administration that marks a sea change in how the landmark environmental law is enforced.A directive sent to U.S. Fish and Wildlife Service employees this week says imperiled animals or plants must be intentionally targeted for their killing to be considered illegal.That's a sharp turnaround from past practice at the wildlife service, which historically held people liable even for accidentally harming protected species such as grizzly bears, manatees and spotted owls.Former Fish and Wildlife director says the change ‘creates a huge loophole’Experts said the change would allow timber companies to log forests in the Pacific Northwest even if they knew that doing so could kill imperiled birds nesting in the trees, or for developers to build a dam knowing it would kill salmon.“This cuts against the entire history of the Endangered Species Act,” said Dan Ashe, who led the Fish and Wildlife Service under former President Barack Obama.“It just creates a huge loophole,” added Ashe, who is now president of the Association of Zoos and Aquariums. “It completely relieves people of any responsibility for their actions, even consequences that can be easily predicted.”Encouraged by Republican lawmakers and industry lobbyists, officials under Trump have moved to dismantle key parts of the endangered species law and make companies exempt from its regulations.

Administration officials have said they are returning the law to its original intent, following a 2024 Supreme Court decision that limited the authority of federal agencies to interpret environmental statutes passed by Congress.States and conservation groups have filed numerous lawsuits seeking to turn back the changes.The directive follows a rule change defining ‘harm’ under Endangered Species ActThe new interpretation of what it means to harm — or “take” — a species was detailed in a Sept. 14 directive from Fish and Wildlife Service Director Brian Nesvik.“Felling a tree is not a take of the bats roosting in it unless the tree is felled for the purpose of killing or capturing them,” Nesvik wrote, adding that the bats would only be impacted “indirectly and accidentally… That’s a sharp turnaround from past practice at the wildlife service, which historically held people liable even for accidentally harming protected species such as grizzly bears, manatees and spotted owls.

Former Fish and Wildlife director says the change ‘creates a huge loophole’ Experts said the change would allow timber companies to log forests in the Pacific Northwest even if they knew that doing so could kill imperiled birds nesting in the trees, or for developers to build a dam knowing it would kill salmon. “This cuts against the entire history of the Endangered Species Act,” said Dan Ashe, who led the Fish and Wildlife Service under former President Barack Obama. “It just creates a huge loophole,” added Ashe, who is now president of the Association of Zoos and Aquariums.

States and conservation groups have filed numerous lawsuits seeking to turn back the changes. The directive follows a rule change defining ‘harm’ under Endangered Species Act The new interpretation of what it means to harm — or “take” — a species was detailed in a Sept. 14 directive from Fish and Wildlife Service Director Brian Nesvik.

“Felling a tree is not a take of the bats roosting in it unless the tree is felled for the purpose of killing or capturing them,” Nesvik wrote, adding that the bats would only be impacted “indirectly and a…