A coalition of environmental organizations has filed a federal lawsuit challenging a major change to the Endangered Species Act (ESA). The challenge comes after the Trump administration narrowed the federal interpretation of the word “harm.”
The legal challenge, filed in U.S. District Court in Seattle shortly after the rule was officially published, argues the change undermines decades of wildlife conservation. It does so by removing long-standing protections for the habitats endangered species rely upon to survive.
What Changed?
For more than 50 years, the U.S. Fish & Wildlife Service interpreted “harm” under the Endangered Species Act to include not only directly killing or injuring protected wildlife. Importantly, it also covered significant habitat destruction or degradation that interferes with feeding, breeding, or shelter.
Under the new rule, that interpretation has been rescinded.
The Trump administration says the revision restores the law’s original meaning while reducing regulatory burdens on landowners, businesses, and developers.
Interior Secretary Doug Burgum described the move as restoring “common sense” and providing greater certainty for private property owners.
Officials from NOAA Fisheries also stated that the updated rule maintains protections for endangered species. In addition, it simplifies permitting requirements and reduces compliance costs.
The revised definition is scheduled to take effect on September 14.
Environmental Groups Challenge the Decision
The lawsuit was filed by Earthjustice on behalf of multiple environmental organizations, including the Center for Biological Diversity.
The plaintiffs argue that federal agencies failed to adequately justify reversing more than five decades of legal interpretation.
According to Earthjustice attorney Kristen Boyles, protecting habitat is essential to protecting wildlife.
She argues that removing habitat destruction from the definition of “harm” contradicts both the scientific understanding of species conservation and the purpose of the Endangered Species Act.
Environmental advocates also warn the rule could generate years of litigation as courts determine how the new interpretation applies to development projects across the country.
Tribal Governments Join the Legal Fight
Separate litigation has also been filed by the Swinomish Indian Tribal Community and the Squaxin Island Tribe.
The tribes argue that habitat degradation has played a central role in the decline of endangered salmon populations in Washington’s Puget Sound.
According to their complaint, weakening habitat protections threatens treaty rights, cultural traditions, and tribal fisheries that depend on healthy salmon populations.
Industry Groups Welcome the Rule
Several business organizations have supported the administration’s decision.
Groups including the American Petroleum Institute and the Associated General Contractors of America argue that the previous interpretation imposed unnecessary regulatory burdens. They also say it created uncertainty for infrastructure, energy, and construction projects.
Industry representatives say the revised rule strikes a better balance between environmental protection and economic development.
Why Habitat Protection Matters
The Endangered Species Act, signed into law by President Richard Nixon in 1973, prohibits activities that “take” endangered wildlife.
Federal agencies have long interpreted “take” to include actions that destroy or significantly damage critical habitat. This is because habitat loss is considered one of the leading causes of species extinction.
That interpretation was upheld by the U.S. Supreme Court in the landmark 1995 case Babbitt v. Sweet Home Chapter of Communities for a Great Oregon. In that case, the Court ruled that habitat destruction can legally constitute “harm” under the Act.
Environmental organizations argue the administration’s new rule conflicts with that long-standing precedent. They also claim it weakens one of America’s cornerstone wildlife conservation laws.
The outcome of the lawsuits could determine how endangered species are protected across the United States for years to come.




