Politics July 10, 2026 02:52 PM

Trump Administration Finalizes Rule Narrowing Habitat Protections Under Endangered Species Act

Interior and Commerce departments say the change will lower permitting costs for energy, agriculture and fishing by excluding habitat destruction from the definition of 'harm'

By Hana Yamamoto
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On July 10 the Trump administration finalized a revision to how threatened species are considered in federal agency actions, removing regulatory language that treated damage to wildlife habitat as "harm" under the Endangered Species Act. Interior and Commerce officials say the change will cut permitting and compliance expenses for industries including energy production, farming and fisheries. The modification reduces the regulatory reach of the 50-year-old law that has been credited with helping save species such as the bald eagle and the California condor. Interior Secretary Doug Burgum said the rule restores "common sense," respects private property and provides certainty for landowners.

Trump Administration Finalizes Rule Narrowing Habitat Protections Under Endangered Species Act
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Key Points

  • The final rule removes habitat destruction from the ESA definition of "harm," narrowing the statute's regulatory scope.
  • Interior and Commerce say the change will lower permitting and compliance costs for energy producers, farms, fishing interests and landowners.
  • The ESA remains a central consideration for permits related to oil and gas, mining, electric transmission and other operations on federal lands and water.

On July 10 the Trump administration issued a final rule that alters the way agencies account for threatened species in their permitting and regulatory reviews. The change eliminates regulatory language intended to prevent damage to wildlife habitats, narrowing the scope of the Endangered Species Act (ESA) in agency decision-making.

The departments of Interior and Commerce described the final rule as a measure that will lower permitting and compliance costs for a range of economic interests, including energy producers, farms and fishing operations. Officials framed the adjustment as consistent with President Donald Trumps broader agenda to reduce regulatory burdens that he says constrain American businesses.

"This action restores common sense, respects private property, provides much-needed certainty for landowners and follows the statute Congress actually passed," Interior Secretary Doug Burgum said in a statement released alongside the rule.

The ESA, now about 50 years old, is a central regulatory consideration when agencies assess whether to issue permits for activities on federal lands and waters. The law requires agencies to evaluate the impact of proposed oil and gas development, mining, electric transmission and other operations on threatened and endangered species.

The final rule removes habitat destruction from the definition of the word "harm" in the ESA. Under the revised text, project developers would be permitted to impair places where species live so long as the rule is interpreted to mean wildlife are not directly injured or killed. The proposal for this change was first put forward in April of last year.


Summary

  • The administration finalized a rule narrowing habitat protections under the ESA by removing habitat destruction from the definition of "harm."
  • Interior and Commerce officials say the change will reduce permitting and compliance costs for energy, agriculture and fishing sectors.
  • The ESA is a key factor in permitting decisions for oil and gas, mining, electric transmission and other federal land and water uses.

Context and effects described in the rule

The departments assert the change reduces regulatory burdens on landowners and businesses while aligning agency practice with their reading of the statute. The rule alters the criteria agencies use when reviewing proposed operations that could affect threatened and endangered species, by excluding habitat impairment from the regulatory definition of harm.

Risks

  • The change creates ambiguity over whether impairing places where species live falls within agency obligations, since habitat destruction is no longer defined as "harm." - Sectors affected include conservation oversight and regulatory compliance.
  • Permitting reviews for activities on federal lands and waters may shift in scope, altering how agencies evaluate projects such as oil and gas, mining and electric transmission. - Affected sectors include energy, mining and utilities.
  • The narrowed definition could reduce the regulatory protections that previously applied to species' habitats, introducing uncertainty for stakeholders engaged in land management and resource development.

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