Fish and Wildlife Service Limits Endangered Species Act Protections – could allow widespread development

The U.S. Fish and Wildlife Service narrowed the Endangered Species Act’s “take” definition on Sept. 14, excluding habitat harm.

This alteration, initiated under the Trump administration with efforts beginning in early 2025, redefines “take” to include only intentional acts directly targeting animals, leaving habitat destruction outside ESA violations. This recalibration could fundamentally shift the Act’s enforcement, potentially reducing federal protections for endangered species nationwide.

The original “harm” definition, established in 1981 and upheld by the Supreme Court in 1995, encompassed habitat modification as a form of “take.” The 2024 Supreme Court ruling in Loper Bright v. Raimondo enabled agencies to reinterpret regulations, which the Fish and Wildlife Service used to justify this significant rollback. The change follows a lengthy public comment period with about 358,000 submissions and has triggered at least seven lawsuits, including a coalition of 21 states challenging the rule. The federal government must respond to these legal challenges by early October.

Looking ahead, a congressional bill addressing permitting reforms for energy and infrastructure projects is nearing final passage this fall, potentially intersecting with ESA regulations.

Montana could feel the ripple effects of this regulatory shift, considering its vast landscapes and reliance on natural resources. Changes to habitat protections could influence land use decisions and species conservation efforts within the state, especially if Montana is involved in the legal opposition. The evolving federal stance might prompt Montana businesses and policymakers to consider reassessing environmental compliance risks and conservation strategies.

Tweak to Endangered Species Act could allow widespread development
By The Missoula Current News – Daily News in Missoula Montana