Trump rule opens endangered species habitats to drilling, mining and development

The Trump administration has finalized a rule that significantly narrows federal protections for endangered species, allowing more drilling, mining, farming and development projects to move forward in areas that have long been protected because of their wildlife habitat.

The rule, announced Friday by the Interior and Commerce departments, rescinds a decades-old interpretation of the federal Endangered Species Act that defined “harm” to include significant destruction or degradation of habitat that injures protected species by interfering with their ability to feed, breed or find shelter.

For more than 50 years, federal agencies have used that broader definition when enforcing the Endangered Species Act, and the U.S. Supreme Court upheld the interpretation in 1995.

Under the new rule, damage to an endangered species’ habitat alone will generally no longer be considered a violation unless it directly injures or kills the animal. The administration said the change restores the law to its original intent and removes unnecessary regulatory burdens that have delayed energy, mining, agricultural and development projects.

Interior Secretary Doug Burgum said previous administrations expanded federal authority beyond what Congress intended and used the law to impede lawful land use and economic development.

Industry groups, including the National Mining Association, welcomed the change, arguing the previous interpretation had created unnecessary obstacles for critical infrastructure and resource projects while maintaining that companies remain committed to wildlife conservation.

Environmental organizations sharply criticized the move, saying habitat loss is the leading cause of species decline and extinction. Earthjustice announced plans to challenge the rule in court, while legal scholars said the change was adopted without the scientific review that typically accompanies major environmental policy shifts.

Conservation advocates warned the rule could affect species that depend on specialized habitats, including piping plovers that nest on undisturbed beaches, red-cockaded woodpeckers that rely on mature pine forests, and California tiger salamanders that require seasonal wetlands for reproduction.

The rule drew roughly 220,000 public comments during the rulemaking process, with the overwhelming majority opposing the proposal. Attorneys general from 16 states also argued the change violates federal law.

Source: NYT