The Trump administration has issued a directive allowing developers and loggers to kill endangered species without facing penalties, provided the deaths are not intentional. U.S. Fish and Wildlife Service Director Brian Nesvik sent the memo to agency staff last Monday, expanding previous rollbacks of environmental protections.
Under the new guidance, direct killing of protected animals does not constitute an illegal “take” unless it is specifically targeted at a particular animal. This instruction builds on a rule finalized earlier this year that excluded habitat destruction from the legal definition of harm to wildlife.
The shift reverses decades of precedent, including a 1995 Supreme Court ruling where justices voted 6-3 that destroying habitat constitutes harm. Conservation leaders argue the changes effectively nullify the Endangered Species Act.
“It’s essentially going to be a meaningless law,” said Chris Servheen, who served as grizzly bear recovery coordinator for 35 years. “It will have no protection whatsoever for species.”
Brett Hartl of the Center for Biological Diversity criticized the loophole, noting that unless someone is explicitly targeting endangered animals, they face no consequences.
A coalition including attorneys general, tribal nations, and environmental groups has filed lawsuits challenging these administrative changes. The Department of the Interior declined to comment on the leaked memo.