First do no harm
Ah yes, that’s the way to get around environmental laws and restrictions: define harm very narrowly.
The Trump administration is proposing to significantly limit the Endangered Species Act’s power to preserve crucial habitats by changing the definition of one word: harm.
On Wednesday, the administration proposed a rule change that would essentially prohibit only actions that directly hurt or kill actual animals, not the habitats they rely on. If finalized, the change could make it easier to log, mine and build on lands that endangered species need to thrive.
And the species would disappear. They would all be gone, you see, so nobody would be harmed.
Under the Endangered Species Act, it’s illegal to “take” an endangered species. By law, “take” is defined to mean actions that harass, harm, or kill species. For decades, federal agencies have interpreted “harm” broadly, to include actions that modify or degrade habitats in ways that impair endangered species’ ability to feed, breed or find shelter.
That interpretation has been a crucial part of how the Endangered Species Act has protected over 1,700 species since its passage in 1973, said Hartl. It’s helped preserve spawning grounds for Atlantic sturgeon, allowing them to mate and sustain the population. It has protected old-growth forests in the Pacific Northwest that house northern spotted owls, saving them from extinction.
In the 1990s, timber companies that wanted to harvest those old-growth forests challenged the government’s broad interpretation of harm. The Supreme Court ultimately upheld that interpretation in a 6-3 decision.
But this is not the 1990s and this Supreme Court is not that Supreme Court. Bye bye endangered species – we’ll keep plenty of photos of you.
Endangered whales on both American coasts are suffering hits on two fronts: NOAA spearheads programs to monitor and protect critically endangered Southern Resident Killer Whales (numbering 73), and North Atlantic Right Whales, of which there are 372. (There are more scientists studying these whales than there are whales to study.) Cutting NOAA puts them in greater danger. Redefining “harm” does the same.
Each species has its own threats; SRKWs face reduced food supply (salmon), toxic contamination, and vessel traffic and noise. NARWs suffer from ship strikes, and entanglement from fishing gear, to the extent that few die of old age, and those that survive infancy are stunted when compared with whales born in previous years, at the same ages, because energy used to heal from injury and deal with the added drag of entangled gear can not be used for growth. Both Orcas and Right Whales will certainly have to deal with changes in their prey species in warming oceans.
And of course this is only a small portion of the havoc they will wreak upon American (and global) biodiversity. I find this even more disturbing than Trump’s designs on Canada (and everyone here knows how much I’m not looking forward to ever living in the “51st state”).
Evil fuckers, the lot of them.
That’s terrifying.