Administration finalizes rule narrowing Endangered Species Act habitat protections

The administration finalized a rule on Friday that narrows the definition of harm under the Endangered Species Act, removing habitat protection from the prohibition on actions that injure or kill listed species. For five decades the statute had treated destruction of critical habitat as a form of harm.

The 1995 Supreme Court decision upheld that interpretation when it sustained protections for old-growth forests used by spotted owls.

Background and rationale Officials said the prior definition constituted regulatory intrusion on private property rights. They stated that direct injury or killing of listed animals will remain prohibited. The change reverses an interpretation that had covered more than 1,700 species and their habitats.

Government data indicate the statute prevented extinction for 99 percent of listed species, including the bald eagle.

Reactions and next steps Advocates said the revision removes safeguards for species whose survival depends on intact habitat. Earthjustice attorney Kristen Boyles stated there is no scientific, legal or public support for the rule and that legal challenges are planned.

A 2023 poll found 80 percent of registered voters supported full funding of the statute and 73 percent viewed biodiversity protection as important to daily life.