NewsFlorida PhoenixJuly 21, 2026United States
Federal Government Limits Endangered Species Habitat Protections
The federal government has finalized a rule narrowing the definition of 'harm' under the Endangered Species Act, effectively removing protections for critical habitats like forests and streams. While federal officials state this gives more authority to individual states, experts and state wildlife agencies warn that most states lack the legal framework and funding to manage these protections themselves.
Read the full story at Florida PhoenixWhy It Matters
This change removes federal oversight that previously prevented development, logging, and drilling in areas essential for endangered species survival, shifting the burden of habitat protection to states that currently lack the resources or laws to enforce it.
Key Facts
- The federal government finalized a rule rescinding the longstanding definition of 'harm' under the Endangered Species Act.
- The new definition limits 'harm' to actions that directly injure or kill an animal, excluding indirect habitat modification.
- The rule change opens more land to development, logging, mining, and oil and gas drilling.
- Only eight states and Puerto Rico currently require the designation of critical habitats under their own laws.
- California is identified as the only state with a process to account for and offset damage to wildlife habitat.
- A 2019 study found that 81% of species added to the endangered list between 1975 and 2017 faced threats from habitat loss, while only 17% faced threats from direct killing.
- Wildlife agencies from multiple states, including Arizona, Georgia, Louisiana, New Mexico, New Jersey, Vermont, and Wyoming, expressed concern regarding the change.
- Alaska's wildlife agency is the only state agency noted as supporting the change.
- Environmental groups and tribal nations have filed lawsuits to challenge the rule change.
- The rule change does not apply to state-level enforcement on federal lands, where federal agencies retain jurisdiction.
Who's Mentioned
organizationInterior Department“Federal department responsible for the new regulations.”personBecca Madsen“Restoration economy director with the Environmental Policy Innovation Center.”personRobert Anderson“Former solicitor for the Department of the Interior.”personAntonin Scalia“Late Supreme Court Justice whose 1995 dissent is cited by industry groups.”personJane Davenport“Senior attorney at Defenders of Wildlife.”personChris Servheen“Former grizzly bear recovery coordinator for the U.S. Fish and Wildlife Service.”personBruce Kreft“Official with the North Dakota Game and Fish Department.”organizationCommerce Department“Federal department that co-announced the rule change.”organizationAmerican Petroleum Institute“Industry group that supported limiting habitat protections.”organizationTrump administration“The administration that finalized the rule change.”personKarrigan Börk“Law professor and director at UC Davis Institute of the Environment.”