Administration narrows definition of harm under Endangered Species Act

The administration finalized a rule Friday that narrows the definition of harm under the Endangered Species Act. The change removes prior protections that treated habitat modification as harm to threatened or endangered species. For decades, federal agencies defined harm to include activities that damage places where listed animals live.

The new rule permits oil and gas drilling, mining, logging and other development on critical habitat provided the animals themselves are not killed or injured.

Background on the change Administration officials said the revision returns the law to its original intent after a 2024 Supreme Court decision limited agency interpretation of environmental statutes. They described the previous definition as an overreach affecting private property rights.

The rule was first proposed in April 2025. Environmental groups challenged it in court but did not succeed in blocking implementation.

Reactions from stakeholders "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 statement. Aaron Weiss, executive director of the Center for Western Priorities, said the rule represents one of the most significant rollbacks of wildlife protections in U.S. history.

The Endangered Species Act is credited with recovering species including the bald eagle, American alligator and California condor. Habitat destruction remains the leading cause of species extinction according to wildlife advocates.