Why Trump’s move to gut the Endangered Species Act likely won’t hold up in court

Key Points:

• The Trump administration rescinded the "harm rule" under the Endangered Species Act on July 14, 2026, removing protections against habitat destruction for endangered species, despite habitat loss being the leading cause of species endangerment.
• The Endangered Species Act, enacted in 1973, requires federal agencies to protect critical habitats essential for species conservation, and the harm rule has historically defined habitat destruction as a form of "take" prohibited under the law.
• The 1995 Supreme Court decision in Sweet Home Communities for a Greater Oregon v. Babbitt upheld the harm rule, interpreting "harm" to include habitat modification causing injury or death to species, a precedent now challenged by the Trump administration citing a 2024 ruling that limits deference to agency interpretations.
• Multiple lawsuits have been filed by environmental groups and tribes challenging the repeal of the harm rule, alleging procedural violations including failure to conduct environmental impact assessments and inadequate justification for the rule’s removal.
• Legal experts anticipate prolonged litigation with efforts to block the rule change through preliminary injunctions, potentially allowing a future administration to reinstate habitat protections under the Endangered Species Act.