Tribes and Conservation Groups Sue Over Trump Administration’s Redefinition of “Harm” in the Endangered Species Act

On Tuesday, the Swinomish Indian Tribal Community, the Squaxin Island Tribe, the Center for Biological Diversity, Columbia Riverkeeper, the Environmental Protection Information Center, the Western Environmental Law Center, the Klamath-Siskiyou Wildlands Center and Cascadia Wildlands filed separate complaints in federal court (Seattle and the Northern District of California). The suits seek to block a rule adopted by the Departments of Commerce and the Interior that narrows the Endangered Species Act’s definition of “harm” to exclude “significant habitat modification or degradation.” Plaintiffs argue the change would legalize habitat destruction that kills or injures listed species such as Puget Sound Chinook salmon, steelhead, bull trout, marbled murrelet, northern spotted owl and the southern resident orcas.

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Since the ESA’s passage in 1973, “harm” has been interpreted to include habitat loss, a stance upheld by the Supreme Court in 1995. The Trump administration’s rule, justified by a 2024 Supreme Court decision in *Loper Bright v. Raimondo*, seeks to apply a “single best meaning” of the statute, arguing that previous interpretations “obstructed lawful land use.” Critics note that habitat loss remains the leading driver of species extinction and that the rule reverses more than five decades of regulatory practice.

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The tribal complaints emphasize treaty-protected fishing rights and the cultural centrality of salmon to Northwest Native communities. Conservation groups cite over 350,000 public comments—overwhelmingly opposed—to the rule. U.S. Rep. Jared Huffman (D-San Rafael), ranking member of the House Natural Resources Committee, called the change “corrupt, illegal and completely untethered from scientific reality.”

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Commerce Secretary Howard Lutnick and Interior Secretary Doug Burgum defended the rule as “restoring common sense,” protecting private property and “providing certainty for landowners.” They contend the prior ESA interpretation “burdened American families and businesses” and that the revision aligns with the statute’s original intent.

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• “Trump is doing everything in his power to let his billionaire, big industry buddies ravage and obliterate our country to turn a quick buck,” — Jared Huffman, U.S. Representative

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• “This action makes no sense and we are challenging it to ensure that the Swinomish Tribal Community has fish to fish for the next seven generations.” — Tandy Wilbur, Swinomish Senator and Fisheries Manager

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• “We’re returning the ESA to its foundational purpose to ensure legitimate conservation goals are met without sacrificing economic growth and American prosperity.” — Howard Lutnick, Commerce Secretary

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• “restores common sense, respects private property, provides much-needed certainty for landowners and follows the statute Congress actually passed.” — Doug Burgum, Interior Secretary

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