Bloomberg Law Endangered Species at Risk & Immigration
Apr 29, 2025
Pat Parenteau, an environmental law expert and professor at the Vermont Law and Graduate School, discusses the Trump administration's proposed revisions to the Endangered Species Act that threaten fragile species like the monarch butterfly. Leon Fresco, an immigration law expert at Holland & Knight, dives into recent immigration policies and legal challenges, including controversial cases of deportation and the complexities of family rights. The conversation highlights the intersection of environmental and immigration law amidst shifting regulations.
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Habitat Protection Is Critical
- The proposed Trump administration change would remove habitat protections under the Endangered Species Act, risking endangered species' survival.
- Habitat loss is the primary driver of extinction, making these protections critical for conservation.
Chevron Decision Doesn't Justify Rollback
- The Supreme Court's elimination of Chevron deference does not negate existing precedents that uphold habitat protection rules.
- Removing the harm rule lacks justification given overwhelming evidence of habitat loss impacting species.
Science Supports Broad 'Take' Definition
- The administration's attempt to limit the Endangered Species Act to only direct killings ignores science showing habitat destruction harms species reproduction.
- Courts have debated this, but science supports including habitat harm as 'take' under the Act.