Trump administration memo reduces ESA protections

Trump administration memo reduces ESA protections

The Trump administration has further reduced protections for wildlife and plants under the Endangered Species Act (ESA).

© Joy Asico, Associated Press Content Services for Center for Biological Diversity

The law prohibits any “take” of endangered species — meaning to “harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect” fish, wildlife or plants classified as threatened or endangered. It also bans attempts to do so.

The administration recently repealed a previous definition of prohibited “harm” under the law, now saying that only intentional acts of “taking” a species are outlawed.

An internal memo from the Fish and Wildlife Service (FWS) sent out Sept. 14 states, “The Harm Rule rescinded the Services’ regulatory definitions of ‘harm’ … and adopted Justice [Antonin] Scalia’s interpretation of ‘take’ set out in the dissent in Babbitt v. Sweet Home Chapter of Communities for a Great Oregon.”

“Under Justice Scalia’s interpretation, ‘take’ reaches only an affirmative act that is intentionally and purposefully directed at a particular animal,” the memo continued.

According to the administration, a ship that “inadvertently” strikes a whale “has not taken it.” Another example given stated that felling a tree is not a “take” of the bats residing in it, unless the tree was specifically cut down to kill or capture them.

The internal memo was obtained and made public by the Center for Biological Diversity.

“Fish and Wildlife is going to effectively, I think, be entirely muzzled by this memo,” said Brett Hartl, the group’s government affairs director.

Welcome to The Hill’s Energy & Environment newsletter, I’m Rachel Frazin — keeping you up to speed on the policies impacting everything from oil and gas to new supply chains.

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How policy will affect the energy and environment sectors now and in the future:

New Mexico gubernatorial candidate Deb Haaland (D) on Thursday backed a moratorium on the construction of data centers in her state, citing environmental and workforce-related concerns.

Michigan Senate candidate Mike Rogers (R) on Thursday called on lawmakers to suspend taxes on gas sales as Americans face higher prices at the pump.

Environmental and public health-focused organizations are suing the Trump administration over its move to wipe out most climate regulations on coal and gas power plants.

Sen. Martin Heinrich (D-N.M.) blocked Sen. Jon Husted’s (R-Ohio) Thursday effort to unanimously pass a bill that seeks to force states to consider making tech companies cover their data centers’ electricity price impacts.

News we’ve flagged from other outlets touching on energy issues, the environment and other topics :

The EPA may soon deploy AI to regulate toxic chemicals. It’s not telling the public. ( The Christian Science Monitor )

2025 was among driest years on record for world’s rivers, study finds ( The Guardian )

Democratic and Republican lawmakers alike emerged Thursday from a closed-door briefing frustrated by what they said was a lack of clear answers from Pentagon policy chief Elbridge Colby on the Trump administration’s National Defense Strategy and the ongoing Iran war. Read more

Eight historical, architectural and preservationist organizations that are plaintiffs in a case against the Kennedy Center on Thursday called for the performing arts center’s leaders to either resign or appoint a receiver. Read more