From ABC News · ABC News · · 1m 50s
Trump allows accidental killing of endangered species
A new directive redefines what counts as illegal harm to protected animals, letting companies off the hook for predictable deaths.
In brief
A new directive redefines what counts as illegal harm to protected animals, letting companies off the hook for predictable deaths. The Trump administration's new interpretation of the Endangered Species Act only prohibits intentional killing of protected species, not accidental deaths from logging, dam building, or…
New rule shields accidental killings
The Trump administration says companies can no longer be held liable for accidentally killing endangered animals while logging forests or building dams. Only intentional targeting now counts as illegal.
“Inadvertently killing endangered animals while logging a forest or building a dam would no longer be considered illegal”
A sharp reversal from decades of practice
For decades, the Fish and Wildlife Service held companies liable even for accidentally harming protected species like grizzly bears, manatees, and spotted owls. This directive marks a complete turnaround.
What this means in practice
Timber companies can now log Pacific Northwest forests knowing they'll kill endangered birds. Developers can build dams knowing they'll kill salmon. Companies face no legal consequences for these predictable deaths.
Experts call it a massive loophole
Dan Ashe, who led the Fish and Wildlife Service under Obama, says the change "completely relieves people of any responsibility for their actions, even consequences that can be easily predicted."
“It completely relieves people of any responsibility for their actions, even consequences that can be easily predicted.”
Based on a Supreme Court dissent
Fish and Wildlife Service Director Brian Nesvik's September 14 directive relies heavily on a 1995 dissenting opinion from former Justice Antonin Scalia. It follows a July rule that narrowed the definition of harm.
“Felling a tree is not a take of the bats roosting in it unless the tree is felled for the purpose of killing or capturing them”
A law that saved iconic species
The Endangered Species Act brought back the bald eagle, American alligator, and California condor from the brink of extinction. Environmentalists warn the new rules will speed extinctions and open the door to habitat destruction.
Legal battles ahead
States and conservation groups have filed numerous lawsuits to block the changes. Republicans rolled back similar provisions in Trump's first term, only to have them reversed under Biden, then revived again now.
What to remember
The Trump administration's new interpretation of the Endangered Species Act only prohibits intentional killing of protected species, not accidental deaths from logging, dam building, or development.
