Trump endangered species protection rollback and state lawsuits 2026
One page that accretes the verified record as the story develops. Every fact keeps its date and its sources.
Trump administration allows inadvertent killing of endangered species
Twenty states and Washington DC sued the Trump administration over its decision to redefine 'harm' under the ESA.
Interior Secretary Doug Burgum justified the July repeal by saying federal agencies had abused the ESA to obstruct lawful land use and burden American families and businesses.
The Supreme Court's 1995 decision in Babbitt v Sweet Home Chapter of Communities for a Great Oregon rejected the argument that 'take' is limited to actions deliberately directed against endangered species.
“Under the guidance, the ESA’s prohibition on ‘take’ continues to prohibit conduct including harassing, pursuing, hunting, shooting, wounding, killing, trapping, capturing or collecting protected wildlife,”
US states sue Trump over weakening of endangered species protections
The second lawsuit challenges one rule that eliminates wide protections for newly-threatened species unless the US Fish and Wildlife Service creates species-specific regulations.
The term "harm" under the Endangered Species Act has long been interpreted to include threats to species' habitats.
California Attorney General Rob Bonta said in a statement that President Trump seems to care only for himself and his industry friends.
“The role of federal agencies is to faithfully implement the Endangered Species Act as written, not to expand its reach through interpretations favoured by advocacy organizations,”