Coalition Challenges New Trump Admin Endangered Species Directives

The supplemental complaint addresses internal memorandums issued by the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration. Following the September 14 rescission of the regulatory definition of "harm," officials Brian Nesvik and John Luce directed their agencies to interpret the law as prohibiting only the intentional killing or wounding of protected species. Plaintiffs contend this reinterpretation lacks any reasoned basis and violates the Administrative Procedure Act by bypassing required notice-and-comment rulemaking.

Noah Greenwald, an official with the Center for Biological Diversity, characterized the move as an "open season" on animals already facing extinction. The coalition, which includes the Sierra Club and Earthjustice, is asking the court to vacate these directives. Earthjustice attorney Ben Levitan argued the government’s position creates a loophole where accidental or negligent destruction of habitat—the primary driver of species loss—remains unpunished, effectively rendering the Endangered Species Act toothless against modern threats.