Environment & Climate

Trump administration directive excludes unintentional killing from Endangered Species Act violations

Federal officials narrowed prohibited takes to intentional acts, prompting criticism from conservation advocates.

Updated Sep 18, 2026 · 18:50 UTC2 reports

The short version

A Fish and Wildlife Service directive states that harming or killing protected species is illegal only if the species is intentionally targeted.[The Washington Sun · The Guardian]
The change limits federal liability for accidental deaths caused by commercial activities, affecting more than 1,600 imperiled species.[The Washington Sun · The Guardian]
Federal officials stated the move aligns with original statutory intent, while environmental groups argued the policy is unlawful.[The Washington Sun · The Guardian]

A September 14, 2026 Fish and Wildlife Service directive established that killing or harming species protected under the Endangered Species Act is only prohibited if the species was deliberately targeted.[The Washington Sun · The Guardian]
Under the new policy, accidental impacts such as a vessel striking a whale or felling a tree occupied by bats are no longer considered unlawful takes.[The Washington Sun · The Guardian]
The guidance follows a July 2026 administrative rule that narrowed the definition of harm by excluding habitat degradation.[The Washington Sun · The Guardian]
Administration officials justified the reinterpretation by citing a 2024 Supreme Court ruling that curtailed federal agency latitude in interpreting environmental statutes.[The Washington Sun]
Twenty states and Washington, D.C. have previously filed suit against the Trump administration regarding its July revisions to the definition of harm.[The Guardian]

The durability of the directive remains uncertain as environmental organizations prepare legal challenges citing prior Supreme Court precedent.[The Guardian]

Outlet counts describe coverage, not independent confirmation. Reports may share a wire service or original source.