The Interior and Commerce Departments have announced plans to scrap a sweeping Endangered Species Act (ESA) rule that officials say has been misused to block energy production, logging, infrastructure projects, and private citizens' land use.
According to officials, the ESA rule has been "weaponized" to trigger undue or burdensome restrictions by treating habitat modification as potential "harm" to protected species. This has led to the listing of several species, including the dunes sagebrush lizard and the lesser prairie-chicken, which have imposed unnecessary restrictions on energy projects and land use.
The Interior Secretary has stated that for years, federal agencies have abused the ESA to obstruct lawful land use and burden American families and businesses. The current administration believes that the rule change will return the ESA to its original intent, ending years of federal overreach.
The administration is relying on the Supreme Court's 2024 decision in Loper Bright v. Raimondo, which overturned "Chevron deference" and held that courts must use independent judgment when interpreting federal statutes. This change aims to align regulations with the "single best" meaning of a statute rather than letting it be "contorted" to fit a political agenda.
Officials pointed to the dunes sagebrush lizard as an example of what they view as speculative habitat-based restrictions. The lizard's listing led to unnecessary restrictions on energy projects in Texas' lucrative Permian Basin, as depicted in the Billy Bob Thornton series "Landman."
Under Section 9 of the ESA, it is unlawful to "take" endangered wildlife, a term Congress defined to include actions such as harming, harassing, wounding or killing protected species. Federal materials tied the species' decline to surface-disturbing activities, including energy development and sand mining, which officials and industry representatives say can trigger costly permitting and compliance burdens.
The fight over habitat-based "harm" dates back decades, including the northern spotted owl, whose 1990 ESA listing fueled a long-running battle over timber harvesting in the Pacific Northwest. A 2021 study estimated the owl's ESA listing reduced timber employment by roughly 16,000 to 32,000 jobs in the Pacific Northwest and northern California.
Administration officials stressed that core ESA protections remain in place, including prohibitions on directly injuring or killing protected wildlife. The change is intended to reduce permitting and compliance costs while providing greater legal clarity for landowners, energy producers, and developers.
The administration believes that returning the ESA to its original purpose will protect both the environment and economic development. Commerce Secretary Howard Lutnick added that fishermen have been burdened by the regulation for "too long," and that the change will provide greater flexibility for lawful land use.
The administration's goal is to align regulations with the "single best" meaning of a statute, rather than letting them be "contorted" to fit a political agenda. This change aims to reduce the regulatory burden on private citizens and businesses, advancing President Donald Trump's vision of domestic energy dominance and a regulatory state that works for, not against, the average American.
