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The Feds No Longer Protect Endangered Species Habitat; States Say They Can’t Pick up the Slack

The rule leaves habitat destruction outside the Endangered Species Act’s explicit harm definition, a shift critics say could weaken species protections and permit reviews.

  • Earlier this month, the administration determined that destroying the habitat of threatened or endangered species is no longer explicitly illegal under the Endangered Species Act.
  • Following the 2024 overturning of the Chevron doctrine, courts no longer defer to federal agencies on interpreting ambiguous laws, allowing the administration to narrow the definition of 'harm' that had survived a 1995 Supreme Court precedent.
  • Secretary of the Interior Department Doug Burgum stated the previous approach created a 'regulatory trap,' claiming the new rule restores common sense and respects private property as Congress intended.
  • Critiquing the change, J.B. Ruhl of Vanderbilt University said the interpretation 'really completely blows up the Endangered Species Act,' threatening Habitat Conservation Plans that minimize incidental harm to species.
  • Several environmental groups have sued to reinstate the former definition, alleging the rule violates the intent of the ESA; this legal challenge is likely to reach the Supreme Court.
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Nevada CurrentNevada Current
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The feds no longer protect endangered species habitat. States say they can’t pick up the slack.

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Missoula Current broke the news on Monday, July 20, 2026.
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