# Trump Rule Would Legalize Accidental Killing of Endangered Species

- URL: https://twotakes.us/stories/trump-rule-would-legalize-accidental-killing-of-endangered-species
- Published: 2026-09-20T01:09:40.878872+00:00
- Topics: endangered-species-act, environment, trump-administration, wildlife-conservation, regulation

## What the left says
- The new interpretation reverses decades of enforcement that held individuals and companies accountable even for unintentional harm to species like grizzly bears, manatees, and spotted owls.
- Conservationists warn this creates a major loophole allowing logging companies to clear forests known to contain nesting endangered birds, or developers to build dams they know will kill salmon, as long as harming wildlife wasn't their explicit goal.
- Former Fish and Wildlife Service director Dan Ashe argues the change eliminates accountability for foreseeable consequences of industrial activity, undermining the entire purpose of the Endangered Species Act.
- The rule is seen as part of a broader pattern of dismantling environmental protections at the urging of industry lobbyists and Republican lawmakers.

## What the right says
- The administration frames this as restoring the law to its original textual intent, following a 2024 Supreme Court decision that curtailed federal agencies' ability to broadly interpret environmental statutes beyond what Congress explicitly wrote.
- Supporters argue the prior interpretation unfairly punished businesses and landowners for incidental, unforeseeable harm to wildlife during otherwise lawful activity like construction or forestry.
- Industry advocates contend the change reduces regulatory overreach and legal exposure that has historically slowed development, energy projects, and land use.

## Common ground
- An internal Trump administration memo obtained by the New York Times outlines a new interpretation of the Endangered Species Act's enforcement standard.
- The change would require intentional targeting of a species for harm to be considered illegal, rather than holding accidental harm liable as before.
- Both sides recognize this marks a significant departure from decades of prior Fish and Wildlife Service enforcement practice.
- States and conservation groups have already filed lawsuits challenging the change, indicating the legal fight is ongoing and unresolved.

## Sources
- [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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