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A coalition of conservation groups sued the Trump administration in federal court on Tuesday over its move to rescind the regulatory definition of "harm" in the Endangered Species Act so that extractive industries can degrade crucial habitats.
"Since 1973, the ESA has served as the nation's most effective conservation law, saving numerous imperiled species from extinction and moving them toward recovery," states the complaint, filed in the District of Washington state. It argues that the rescission "defies the text and purpose of the statute, 50 years of administrative policy, and US Supreme Court precedent."'
The coalition is made up of the Center for Biological Diversity, Columbia Riverkeeper, Conservation Law Foundation, Conservation Northwest, Friends of the Wild Swan, Oregon Wild, Sierra Club, Swan View Coalition, and WildEarth Guardians, and is represented by Earthjustice.
"Preventing harm to wildlife by protecting where they live, eat, and sleep is a basic foundation of the Endangered Species Act," said Earthjustice attorney Kristen Boyles in a statement, also stressing that the decision conflicts with not only the ESA but also decades of legal precedent. "Now more than ever, imperiled fish, birds, and wildlife need protection to survive and recover."
Ben Greuel, wildlife campaign manager at Sierra Club, warned that "without the habitat protections offered by the harm rule, countless species would be forced onto a path towards extinction."
For example, "roads built for logging and other human access destroy grizzly bear habitat and the bear's ability to safely use its habitat," said Swan View Coalition chair Keith Hammer. "Weakening the harm rule will allow industry to devastate the habitat grizzly bears and many other wildlife species depend on for their survival."
Noah Greenwald, endangered species co-director at the Center for Biological Diversity, pointed to not only grizzlies but also some of the other specific species that could be impacted by the administration's decision.
"It's beyond tragic that as the world's scientists warn us of an extinction crisis threatening to unravel our shared future, the Trump administration is yanking basic protections from our most endangered wildlife," Greenwald said. "There's just no way to protect endangered animals like spotted owls, Florida panthers, or grizzly bears without protecting the places they live."
In fact, as Oregon Wild staff attorney John Persell, noted, "habitat loss is the leading driver of extinction."
"This gutting of the Endangered Species Act is part of a broader assault on our bedrock environmental values," Persell also emphasized. "From public lands to wildlife to clean air and drinking water, the Trump administration is determined to waste, loot, and pollute America's natural heritage."
Separately, the group Defenders of Wildlife sent a letter to the departments of Commerce and the Interior about its intent to sue over the ESA rescission, which was published in the Federal Register on Tuesday by their respective agencies, the National Oceanic and Atmospheric Administration and the Fish and Wildlife Service.
"The law has been clear for decades," said Jane Davenport, senior attorney at Defenders of Wildlife. "Rescinding this definition is wholly out of bounds and misaligned with the vast majority of Americans who support protecting and recovering endangered species."
"We will use the full force of the law to fight back and prevent industry from unfettered destruction of critical forests, streams, deserts, oceans, and coastlines," Davenport pledged.
The rescission came just a day after President Donald Trump signed proclamations dramatically shrinking the size of two national monuments in Utah, Bears Ears and Grand Staircase-Escalante.
As with Trump's repeated attacks on the ESA, his targeting of the two monuments dates back to his first administration.
Taylor McKinnon, Southwest director at the Center for Biological Diversity, said Monday that "gutting Utah’s national monuments to enrich polluting extractive corporations shows Trump's extreme disdain for Americans' shared natural heritage. It's a national embarrassment. These monuments protect some of America's most iconic landscapes and rich biodiversity. We'll fight like hell to safeguard their future."
"If animals don’t have a place to live, they can’t live," said one critic.
President Donald Trump's administration on Friday paved the way for letting US corporations destroy the habitats of endangered species by rescinding a longtime interpretation of the Endangered Species Act.
As reported by The New York Times, the Interior Department and the Commerce Department announced that they were narrowing the law's definition of what constitutes harming endangered species.
Whereas the law has for decades been interpreted as protecting endangered animals' habitats from significant "modification or degradation," the administration said that offenders would have to directly injure or kill an endangered animal to be considered in violation of the law.
"The change could open the door for fossil fuel companies, agricultural interests, land developers, and others," wrote the Times, "to disturb or even destroy the habitats of vulnerable species."
The Endangered Species Act has been interpreted as protecting animals' habitats for decades, and that interpretation upheld by the US Supreme Court in 1995.
Environmental advocates expressed horror in response to the rule change, which they said would put endangered species at unprecedented risk.
Kristen Boyles, attorney for Earthjustice, vowed that the administration would face legal challenges for its rule change, which she said would jeopardize endangered animals' ability to "raise their young, or search for food."
"Let’s be clear: There is no support for the Trump Administration’s rule—no scientific support, no legal support, no public support," Boyles said. "We will see the Trump Administration in court."
Ben Greuel, wildlife campaign manager at the Sierra Club, called the rule changed "a direct attack on the foundation of the Endangered Species Act" that, if kept in place, would put species "on a path to extinction."
"This rule ignores that reality in an unlawful attempt to open the door for corporate polluters to degrade vitally important habitats, wildlife be damned," Greuel emphasized. "The Endangered Species Act is a bedrock law that must be followed."
Tara Zuardo, a senior campaigner at the Center for Biological Diversity, pointed out that "habitat destruction is the number one threat to endangered species," while calling the Trump administration's new policy "a death knell for America’s wildlife."
"If animals don’t have a place to live, they can’t live," Zuardo said. "Spotted owls, Atlantic salmon, Florida panthers, and thousands of other species need protections for the wild places where they make their homes."
Andrew Bowman, president and CEO of Defenders of Wildlife, accused the Trump administration of embracing an "erroneous and nonsensical interpretation" of the Endangered Species Act that he vowed to challenge in court.
"We intend to fight back with the full force of the law," said Bowman, "to defeat this attack and innumerable others by the administration on the statutes and regulations that protect America’s cherished wildlife."
"The court’s rejection of the Trump administration’s attempt to eliminate our national health standards for soot will mean healthier, longer lives for people across the country," said one advocate.
A federal appeals court on Friday rejected the US Environmental Protection Agency's attempt to scrap a Biden-era rule tightening limits on harmful soot pollution spewed from coal-fired power plants and other sources.
In a unanimous ruling, a three-judge panel of the US Court of Appeals for the District of Columbia Circuit dealt a blow to President Donald Trump's deregulatory agenda by leaving intact a national soot standard enacted in 2024 that lowers the amount of fine particulate matter from power plants, factories, and vehicles from 12 to 9 micrograms per cubic meter.
"Soot, made up of tiny toxic particles that lodge deep in the lungs, results in severe health harms, including premature death, and comes from sources like vehicle exhaust pipes, power plants, and factories," the legal advocacy group Earthjustice explained.
The Environmental Protection Agency (EPA) under Administrator Lee Zeldin last year asked the appellate court to invalidate the soot rule, claiming that the Biden administration exceeded its authority and failed to take into account the economic cost of implementing the policy.
“Clean air is not a luxury. We are thrilled these vital air quality standards have been upheld by a federal court,” said Patrice Simms, vice president of Healthy Communities at Earthjustice. “The 2024 soot standard is a critical advancement for public health, projected to save thousands of lives every year. Lee Zeldin’s EPA must stop catering to polluters and must instead fulfill its mission to protect public health. The time for implementing the 2024 soot standard is now.”
Clean Air Task Force senior director of legal advocacy Shaun Goho also welcomed the ruling, saying: "Fine particulate matter standards provide critical public health protections. The court correctly rejected EPA’s about-face on the need for a stronger standard."
Katie Huffing, executive director of the Alliance of Nurses for Healthy Environments, called Friday's decision "a win for public health."
“Every day in practice, nurses witness and treat conditions made worse by soot pollution," she said. "From asthma exacerbations and chronic obstructive pulmonary disease to heart disease and preterm birth, nurses see the real-world health implications of toxic air pollution."
"The science shows stronger limits to reduce dangerous soot pollution provide significant health benefits for Americans, especially for those most vulnerable and those exposed to higher levels of particulate matter pollution," Huffing added. "We now urge EPA to fully implement the strengthened standard to ensure those health benefits are realized.”
Noha Haggag, senior attorney for the Environmental Defense Fund, said that “today’s federal court decision is good news for clean air in America and for the millions of people harmed by deadly soot."
“Soot can cause asthma attacks, lung cancer, and premature deaths," Haggag added. "The court’s rejection of the Trump administration’s attempt to eliminate our national health standards for soot will mean healthier, longer lives for people across the country.”