The New York Times reports:

The Trump administration on Friday moved to open the habitats of imperiled animals to farming, drilling, mining, real estate development and other activities in what environmentalists characterized as the most severe erosion of protections for wildlife in half a century.

It did so by recasting a single word, “harm.”

For more than 50 years, the federal government has used a broader definition of harm to animals under the Endangered Species Act, a bedrock environmental law. It included any significant “modification or degradation” of habitat that kills or injures animals by impairing their ability to eat, shelter or breed.

The Supreme Court upheld this interpretation in 1995, ruling against property owners who argued that harm should only mean directly killing or injuring an endangered animal.

But on Friday, the Interior Department and the Commerce Department announced a final rule that rescinded this longstanding interpretation. Under the rule, destroying an endangered species’ nest or habitat would no longer be considered illegal.

The change could open the door for fossil fuel companies, agricultural interests, land developers and others to disturb or even destroy the habitats of vulnerable species. Many species are already running out of places to live, and the new rule is likely to add extreme pressure, experts said.

Earthjustice, an environmental law firm, said it planned a legal challenge. But if the case were to reach the current Supreme Court, its conservative supermajority could enshrine the change, preventing future administrations from reversing it, said Karrigan Börk, an environmental law professor at University of California Davis.

The move on Friday was the latest in a series of extraordinary efforts by the Trump administration to weaken environmental regulations designed to fight climate change and prevent species extinction. In March, a panel of administration officials voted to exempt oil and gas drilling in the Gulf of Mexico from measures to protect endangered whales and other imperiled species. [Continue reading…]