FWS memo narrows Endangered Species Act to only intentional harm to wildlife

A September 14 memo from Fish and Wildlife Service Director Brian Nesvik instructs staff to only enforce ESA prohibitions when an action specifically intends to target an animal, exempting incidental deaths like a ship striking a whale or a tree-felling that kills roosting bats. This follows an earlier 2024 rule change that removed habitat destruction from the ESA's definition of harm, which officials said was meant to reduce costs for landowners.