# Trump Rule: Killing Endangered Species Legal If Unintentional

- URL: https://twotakes.us/stories/trump-rule-killing-endangered-species-legal-if-unintentional
- Published: 2026-09-19T07:11:56.816107+00:00
- Topics: endangered-species-act, environment, wildlife-policy, regulation, trump-administration

## What the left says
- This reverses decades of established practice under which people and companies could be held liable even for unintentional harm to protected species, such as logging that destroys nesting habitat or dam construction that kills salmon runs.
- Conservation experts warn the rule creates a massive loophole allowing industries to knowingly proceed with activities they know will kill endangered animals, as long as those animals weren't the specific target.
- The change follows a pattern of dismantling Endangered Species Act protections at the behest of industry lobbyists and Republican lawmakers, undermining a law designed to prevent extinction.
- Former Fish and Wildlife Service leadership argues this relieves people and corporations of responsibility for consequences that are easily predictable, gutting accountability at the core of the law.

## What the right says
- The rule change is framed as restoring the Endangered Species Act to its original statutory intent, aligning enforcement with the actual text Congress passed rather than expansive agency interpretations.
- The shift follows a 2024 Supreme Court decision limiting how much authority federal agencies have to interpret environmental statutes on their own, prompting a legally grounded reassessment of past practice.
- Industry groups and lawmakers argue that holding people liable for truly accidental, unforeseeable harm to wildlife during lawful activities like construction or forestry has created unnecessary regulatory burden and legal risk.
- Supporters see this as one of several efforts to rebalance economic development and property use against what they view as regulatory overreach embedded in prior interpretations of the law.

## Common ground
- The Endangered Species Act prohibits any 'take' of endangered species, and both sides agree this new interpretation changes how that prohibition is enforced.
- States and conservation groups have filed lawsuits challenging the rule, indicating the legal fight over its validity is ongoing and unresolved.
- Both sides recognize this marks a significant shift from how the Fish and Wildlife Service has historically applied liability under the law.
- Both sides acknowledge the rule intersects with real economic activities, including logging, dam construction, and other development that can affect protected species.

## Sources
- [PJ Media](https://pjmedia.com/david-manney/2026/09/18/the-referee-test-biden-restores-protections-trump-makes-killing-wildlife-legal-n4957397) (Unknown)
- [AllSides](https://www.allsides.com/news/2026-09-17-0700/environment-trump-administration-moves-gut-core-endangered-species-protection) (Center)
- [AllSides](https://www.allsides.com/news/2026-09-17-0700/environment-perpetual-villainy-trump-admin-preps-yet-another-attack-endangered-species) (Center)
- [AllSides](https://www.allsides.com/news/2026-09-17-0700/environment-ny-times-trump-could-gut-endangered-species-act) (Center)
- [HuffPost](https://www.huffpost.com/entry/trump-endangered-species-legal-killing_n_6aac86f1e4b00c07b745c582) (Left)
- [The Hill](https://thehill.com/newsletters/energy-environment/6096975-trump-memo-reduces-esa-protections-newsletter/) (Center)

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