For decades, the law was simple. If you destroy an endangered animal’s home, you are harming the animal. You cannot bulldoze a breeding ground and claim the species is unharmed just because a tractor did not directly crush it.
A new federal rule changes that. It rewrites the legal definition of “harm.”
Under the new interpretation, logging a forest, draining a wetland, or clearing land for oil drilling no longer counts as harming protected wildlife—unless officials can prove an animal was directly injured or killed in the process. You can destroy the habitat, as long as you do not leave a body.
Earthjustice and a coalition of conservation groups are now suing to block the change. They argue that without a place to find food, hide from predators, and raise young, extinction is inevitable. The Supreme Court already settled this in 1995. Now the battle is starting all over again.
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