US wildlife agencies will no longer define habitat destruction as 'harm' to endangered species

The US Fish and Wildlife Service and the National Marine Fisheries Service are proposing to remove habitat modification from the legal definition of "harm" to endangered species. This means developers and other actors who destroy critical habitats may no longer face legal penalties under the Endangered Species Act.

For decades, the Endangered Species Act has protected animals by protecting the places they live. This change means that destroying a species' habitat will no longer be considered a direct act of "harm" under the law. It shifts the focus of protection from the environment a species needs to survive, to direct physical injury to the animal itself. This could make it much harder to stop development projects that clear forests, drain wetlands, or otherwise alter critical ecosystems.