Key Facts

• The administration issued a directive saying endangered species must be intentionally harmed for it to count as illegal under the Endangered Species Act.
• Previously, even accidental harm to protected animals like grizzly bears and spotted owls was considered illegal.
• The new policy permits actions like cutting down trees or building dams even if they accidentally kill endangered species, as long as there was no intent to kill them.
• Fish and Wildlife Service Director Brian Nesvik clarified that harming animals indirectly or accidentally does not count as a violation.
• The change is based partly on a dissenting opinion by former Supreme Court Justice Antonin Scalia from 1995.
• The shift follows a 2024 Supreme Court decision limiting federal agencies’ power to interpret environmental laws.
• Conservation groups and states have filed lawsuits to challenge the changes.
• Officials say the changes return the law to its original meaning and still ban deliberate harm, such as hunting or capturing protected wildlife.