NEWS: Sens. Schiff, Whitehouse Introduce Measure to Strike Down Trump’s Gutting of Endangered Species Act

Washington, D.C. - U.S. Senators Adam Schiff (D-Calif.) and Sheldon Whitehouse (D-R.I.) are pushing back against the new final rule from the U.S. Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Administration (NOAA) that deletes the definition of "harm" in the rules implementing the Endangered Species Act (ESA).

The Senators' Congressional Review Act resolution introduced today, if approved by the Congress, would reject the administration's latest unprecedented attempt to circumvent congressional intent and stop the reversal of a decades-old provision meant to protect our wildlife.

"By repealing a key provision that has - for decades - protected endangered wildlife, the Trump administration has made it legal for for-profit industries to destroy the habitats of endangered species. This should not be a partisan issue. We cannot let the administration push their deregulatory agenda until there's no wildlife left to protect," said Senator Schiff.

"The Trump administration has given its industry buddies a free pass to end endangered species protections that have been on the books for over 40 years and permanently destroy habitats to make money," said Senator Whitehouse. "This rule is nonsensical, and endangers the species this law set out to protect. We're prepared to fight it."

Under the rules implementing the ESA, signed by President Nixon in 1973, the definition of "harm" includes habitat modification or destruction - which the Trump administration is now calling "outdated." Because of this new final rule issued by the Trump administration, it will no longer be illegal to bulldoze or destroy the habitat of a protected species.

This upends a half-century of how the Endangered Species Act has been implemented and flies in the face of Congress' intent when it passed the Act. According to many scientists, habitat loss may be the top driver of species extinction today. Protected species need a safe place to eat, sleep, and raise their young.

This resolution is endorsed by the Animal Welfare Institute, Defenders of Wildlife, Earthjustice Action, Endangered Species Coalition, International Fund for Animal Welfare, Monterey Bay Aquarium, MountainTrue, Natural Resources Defense Council (NRDC), Oceana, Sea Turtle Conservancy, Sierra Club, and Wyoming Wildlife Advocates.

"Thank you to Senators Schiff and Whitehouse for introducing this resolution to repeal one of the Trump administration's latest assaults on the Endangered Species Act," said Susan Millward, Executive Director and CEO of the Animal Welfare Institute. "With the recent rule gutting the definition of 'harm' to exclude habitat destruction, the administration has opened the door to bulldozing the ecosystems our most vulnerable species need to survive. This resolution is about restoring a basic, commonsense protection that has helped prevent extinction for generations."

"Defenders of Wildlife is tremendously grateful to Senators Schiff and Whitehouse for moving quickly to reverse this dangerous and reckless action by the administration to eliminate our nation's ability under the Endangered Species Act to protect the homes of species facing extinction," said Andrew Bowman, President and CEO of Defenders of Wildlife. "The Endangered Species Act is one of the most important and visionary conservation laws ever passed by any nation, and this administration has just ripped out its heart. The American people will not stand for this assault on our cherished wildlife."

"Extinction is permanent, and Americans overwhelmingly agree that preventing it should be a national priority," said Danielle Kessler, U.S. Director for the International Fund for Animal Welfare. "For more than 50 years, the Endangered Species Act (ESA) has reflected a basic promise: when a species is at risk of disappearing, we will give animals the protection and habitat they need to survive and recover. In the wake of efforts to weaken key ESA protections, we applaud the swift response from Senators Schiff and Whitehouse, and we look forward to working with them to advance this important measure."

"Protecting our imperiled wildlife requires us to protect the places they depend on to live. We are grateful to Senators Schiff and Whitehouse for standing up against the Trump administration's reckless attacks to this core provision of the Endangered Species Act, and strongly support their efforts to ensure that our iconic American species - including Florida manatees, salmon, and northern spotted owls - are able to survive and thrive in the wild," said Addie Haughey, Legislative Director for Lands, Wildlife, and Oceans at Earthjustice Action.

"When a sea otter's kelp forest is destroyed or a red knot's coastal habitat is degraded, the species is harmed. The Trump administration's attempt to ignore this reality is reckless," said Susan Holmes, Executive Director at the Endangered Species Coalition. "We applaud Senators Schiff and Whitehouse for taking action to defend endangered species and uphold the integrity of the Endangered Species Act."

"For imperiled species to survive and recover, they need a safe place to live. That's a common-sense scientific fact that has informed ESA protections for decades. Now, the Trump administration is reversing course based on a shoddy interpretation of the law. Congress should rescind this unlawful regulation as soon as possible," said Lucas Rhoads, Senior Attorney at NRDC.

"Protecting at-risk wildlife starts with protecting where they live," said Julia Singer Campaign Manager at Oceana. "This bill would reverse the Trump administration's catastrophic decision to fast-track endangered species' extinctions by removing core protections for their habitats. Legislation to reverse this action has also been introduced in the House, demonstrating the bicameral opposition to this move. The Endangered Species Act is one of the country's most successful conservation laws, saving 99% of species under its care. Oceana thanks Senator Schiff for defending this landmark law and urges other members of Congress to step up for endangered species' survival."

"Sea turtles in the United States are finally showing signs of recovery, largely due to protecting species and their habitats under the Endangered Species Act," said Stacey Gallagher, Development and Policy Coordinator at Sea Turtle Conservancy. "Removing habitat destruction from the definition of 'harm' under the ESA puts our globally-important sea turtle populations at risk and threatens the beaches and in-water habitats people depend on for recreation, food, and jobs. Sea Turtle Conservancy applauds this decisive action to void the changes to the ESA Harm definition."

"The Trump administration is giving corporate polluters a free pass to destroy habitat even when it kills or injures endangered wildlife," said Bradley Williams, Deputy Legislative Director for Lands and Wildlife at the Sierra Club. "Senators Schiff and Whitehouse understand that the Endangered Species Act cannot protect wildlife if it ignores the destruction of the places they depend on to survive. We strongly support their efforts to overturn this destructive policy and preserve these critical places in nature."

"There's no doubt that destroying an animal's habitat harms the animal itself. This rescission is a political giveaway to extractive and development interests making profits without regard for the consequences," said Kristin Combs, Executive Director of Wyoming Wildlife Advocates. "Here in Wyoming, many animals are endangered because of habitat destruction. Without the harm provision of the ESA including habitat, species already barely making it will decline further. Congress must reject the notion that habitat destruction is not harm and prevent extinction from becoming just another cost of making the wealthy even richer. We commend Senators Schiff and Whitehouse for their leadership in acting to nullify this reckless action and defend the habitat protections essential to the survival of Wyoming's, and the nation's, endangered species."

Background: Senator Schiff, Ranking Member of the Senate Environment and Public Works (EPW) Fisheries, Water, and Wildlife Subcommittee, alongside Ranking Member of the EPW Committee Sheldon Whitehouse and Senator Cory Booker (D-N.J.) previously pushed back against the FWS and National Marine Fisheries Service (NMFS)'s proposed rule to delete the definition of "harm" from Endangered Species Act regulations. The Senators' new resolution today targets the agencies' final rule.

The full text of the resolution can be found here.

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