Trump administration moves to gut a core endangered species protection

The Trump administration is moving to reinterpret the Endangered Species Act (ESA) in a way that would exempt companies from legal repercussions if they accidentally harm or kill protected species during activities like logging or dam construction. This shift was detailed in an internal memo distributed by Brian Nesvik, the director of the U.S. Fish and Wildlife Service, to FWS field offices on September 14, 2023. Historically, such actions would have been considered illegal under the ESA's broad definition of "take," which includes accidental harm or killing of endangered species. The new interpretation narrows this definition to only include intentional acts aimed at harming protected animals and plants. Environmental advocates like Dan Ashe, former director of FWS, argue that this reinterpretation undermines core protections for endangered species, potentially allowing industries to proceed with projects knowing they may result in the death or injury of imperiled wildlife without facing legal consequences.