Court Restores Endangered Species Act Protections to Pre-Trump Era

What happened: A federal court just restored key Endangered Species Act (ESA) protections, striking down the first Trump administration’s attacks on the law. The court’s ruling restores these protections to the status they held for decades before Trump ever took office.

Why it matters: The ruling will derail ongoing efforts by the current Trump administration to further undermine the bedrock species conservation law. It reaffirms that federal agencies must use the best available science when assessing harm to species and cannot ignore harm to habitat.

With over one-third of plant and animal species currently at risk of disappearing in the U.S. alone, in large part due to human activities, we need a strong ESA today more than ever.

What is the Endangered Species Act?

• One of the most popular and effective environmental laws ever enacted: Signed into law by President Nixon 52 years ago, the ESA has had a 99% success rate, saving numerous animal and plant species that would have otherwise disappeared forever. Today, the vast majority (84%) of Americans support the ESA.
• More important than ever: Over one-third of plants and animals in the U.S. are at risk of extinction, in large part due to human activities that destroy habitat, overexploit and kill species, pollute water systems, and speed up climate change.
• Preserving the web of life: Gray wolves, grizzly bears, bald eagles, and Florida manatees are among the many iconic species saved from extinction because of the ESA.

What did the Trump administration do to weaken the ESA?

• The first Trump administration carried out a series of unprecedented attacks against the ESA, weakening its ability to protect species. Those included allowing the near-total destruction of a species’ habitat before a violation is recognized.
• What Earthjustice did: This prompted a seven-year legal battle led by Earthjustice and our partners, which culminated in this week’s federal court ruling.
• Now, the Trump administration is undermining protections for threatened and endangered species. These include:
  • A proposal to reverse a 50-year understanding of the ESA that could allow widespread destruction of habitat for threatened and endangered wildlife.
  • Bringing together an “Extinction Committee” to override legally required environmental rules for all oil and gas activities in the Gulf of Mexico.

What does the court ruling do?

• Restores key ESA protections to a time before the first Trump administration: The court found that a series of regulations from 2019 that weakened the ESA were in violation of the law. It then ordered those regulations immediately undone.
• The ruling reaffirms that federal agencies:
  • Must use the best available science when assessing harm to species
  • Cannot ignore incremental harm to critical habitat
  • Must show a clear commitment to following through on any measures they claim will reduce harm to imperiled plants and animals
• The ruling will derail this Trump administration’s current efforts to weaken the ESA: The administration wants to reinstate its 2019 changes but now must consider the court’s reasoning before doing so.

Earthjustice’s fight to defend the ESA and the species it protects

• Our lawsuits have helped keep 99% of the species the ESA protects from slipping into extinction: During the first Trump administration, we won several high-stake battles to protect imperiled species like grizzly bears and gray wolves, as well as the ecosystems and the biodiversity they sustain.
• Defending the ESA: We also went to court to defend the ESA itself from that administration’s efforts to undermine it.
• A 50-year legacy: For over half a century, Earthjustice has defended lands, water, and wildlife everywhere by confronting the major drivers of biodiversity decline, including habitat destruction and over-exploitation of wildlife. Learn more.