Skip to content

Sam's News — conservation — 2026-10-03

Conservation

8 President of the United States administration removes habitat protection from Endangered Species Act definition of harm

The president's administration finalized a rule on July 10, 2026 eliminating habitat destruction from the regulatory definition of "harm" under the Endangered Species Act, effective September 14. The change allows farming, drilling, mining, logging, and development to proceed in endangered species habitat without triggering federal protection, reversing a 30+ year interpretation upheld by the Supreme Court in the 1995 Babbitt v. Sweet Home case.

  • Rule finalizes removal of habitat degradation from "harm" definition under Endangered Species Act, effective September 14, 2026
  • Reverses regulatory interpretation in place for over 30 years and contradicts 1995 Supreme Court precedent (Babbitt v. Sweet Home)
  • Direct injury and killing of endangered species remain prohibited; habitat destruction alone no longer counts as illegal "take"
  • Federal consultation and designated critical habitat protections remain, but much endangered species habitat lies outside designated areas and many private projects receive no federal funding or permits

Sources: Mongabay AI Web Searched, Center for Biological Diversity AI Web Searched