President Donald Trump announced on Truth Social that his administration had returned the Endangered Species Act (ESA) “to how it was intended to be,” invoking the late Supreme Court Justice Antonin Scalia’s reading of the statute and initiating the crocodile tears of anti-development activists.
The administration’s view is that regulators committed to regulatory expansion had turned the 1973 law into an automatic impediment to human activity rather than a targeted protection of threatened species. In 2012, Justice Scalia called regulators’ broadening of the statute from guarding against injuring animals to protecting habitat “a terrible interpretation” of congressional intent. He rejected the notion that every form of ecosystem modification should automatically count as prohibited “harm.”
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