Trump administration directs wildlife agency to ignore accidental species deaths

On Sept. 14, 2026, U.S. Fish and Wildlife Service Director Brian Nesvik directed employees that an unlawful “take” under the Endangered Species Act requires intent to act on an animal for the purpose of affecting it. His memo states felling a tree is not a take of bats roosting in it unless done to kill or capture them. The guidance follows a July 2026 rule narrowing “harm” and a 2024 Supreme Court limit on agency interpretation of environmental statutes. Interior said Thursday the ESA still prohibits harassing, hunting, shooting, wounding, killing and related conduct. The Center for Biological Diversity made the memo public. Contested: Dan Ashe, who led the service under Obama, said the change “cuts against the entire history of the Endangered Species Act,” creates “a huge loophole,” and “completely relieves people of any responsibility for their actions, even consequences that can be easily predicted.” Noah Greenwald of the Center for Biological Diversity called it “basically a free for all” and “a radical reinterpretation that would put polluters and other industry before the natural world.” Erica Fuller said mitigation steps would not be enforced. The administration says the policy restores the statute’s original meaning. Fuller said whether it holds in court is still to be determined; states and groups are challenging related ESA changes.