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Trump plans to make it easier to build in areas protected by Endangered Species Act, White House official says

Last updated: April 16, 2025 12:51 pm
Oliver James
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6 Min Read
Trump plans to make it easier to build in areas protected by Endangered Species Act, White House official says
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President Trump plans to overhaul the Endangered Species Act to make it easier to build in the U.S. where endangered species live, a White House official confirmed Wednesday.

The president has voiced frustration with the 1973 law and similar environmental protections, saying environmentalists are impeding growth. Real Clear Politics first reported Mr. Trump’s plans to overhaul the law. 

A White House source was granted anonymity as the announcement is not official.

It’s not yet exactly clear how Mr. Trump would alter the use of the law, since only Congress can change or repeal it, but it would likely come through the federal rule-making process. The law was established to protect species of wildlife, fish and plants that have been depleted enough to be in danger of extinction. 

Last week, the president directed agencies regulating energy and the environment to sunset a number of environmental protections, among other steps to curb environmental protections to spur construction and economic growth. 

One step the administration is considering is to repeal the definition of ‘harm,’ which would remove nearly all habitat protections for endangered species across the country. Currently, if any business or activity harms a protected species, it’s a violation of the law, as established by the ESA. The law defines “harm” as including “any activity that can modify a species’ habitat.” Loss of habitat is the single greatest threat to most species, since many aren’t “taken” or killed to the point of extinction.. By eliminating this legal definition of “harm,” it would clear the way for many forms of economic development, including logging, oil and gas drilling, or critical mineral mining that could eradicate a species, environmentalists say.

“We’ll go to court to fight as many of these rollbacks as possible,” said Brett Hartle, director of government affairs for the Center for Biological Diversity. “The federal government is large and they’re throwing everything at the wall hoping to overwhelm us, but we’ll do our damnedest to make sure nothing becomes permanent.”

The Endangered Species Act was established in 1973 to protect “various species of fish, wildlife, and plants in the United States that had been rendered extinct as a consequence of economic growth and development untampered by adequate concern and conservation.” By designating  species with a protected status, this ensures that the ecosystems where the species live will be conserved and steps are taken to help support the species to avoid extinction. This, by extension, means that Congress and federal agencies will work with state and local governments to address water resources that impact species, as well as habitat. 

Critics of the Endangered Species Act claim the law goes far beyond the initial intent and is overly burdensome. Republican Rep. Bruce Westerman of Arkansas, chairman of the House Committee on Natural Resources, has frequently suggested changes to the ESA and last month proposed the Endangered Species Amendment Act of 2025. He said in a statement, “The Endangered Species Act has consistently failed to achieve its intended goals and has been warped by decades of radical environmental litigation into a weapon instead of a tool.”

Much of what the Trump administration is proposing, by sunsetting regulations and overhauling the ESA, aligns with Westerman’s bill.”Environmental is the biggest tool for stopping growth,” Mr. Trump said in an interview with podcaster Joe Rogan last year. 

Environmentalists, however, are concerned about weakening the law. 

“This is a full-out assault on America’s heritage,” said Andrew Wetzler, the senior vice president of nature at the Natural Resources Defense Council. “If Trump is successful, it will turn the ESA into a shell of itself, and this would be open season for our most important wildlife.” 

In the 50 years since the law was enacted, the ESA has been credited with saving 99% of the listed species. Notable species saved include the bald eagle, American alligators, whooping cranes and peregrine falcons.

CBS News reported in 2023 that since the passage of the law, more than 1,7000 plants, mammals, fish, insects and other species in the U.S. have been listed as threatened or endangered. But federal data shows that of the roughly $1.2 billion a year spent on endangered and threatened species, about half goes toward recovery of just two types of fish: salmon and steelhead trout along the West Coast. 

Tracy J. Wholf

contributed to this report.

More from CBS News

Kathryn Watson

Kathryn Watson is a politics reporter for CBS News Digital, based in Washington, D.C.

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