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The Endangered Species Act has stood as a pillar of conservation in the United States since 1973, bringing animals like bald eagles, manatees, and humpback whales back from the brink of extinction.

But now, the Trump administration has taken its boldest step yet in an effort to strip legal protections for endangered species. Starting this week, the U.S. Fish and Wildlife Service says that it now considers it legal to kill a federally protected animal, as long as it wasn’t on purpose.

The directive comes after another recent revision to these legal protections went into effect this week, saying that damaging an animal’s habitat is no longer considered “harming” it. The two changes in combination take the teeth out of the Endangered Species Act and pave the way for industries to log, mine, pollute, or travel through areas without regard for what lives there.

The fate of the country’s rarest creatures could come down to the meaning of two seemingly simple words: “harm” and “take.” In this case, “take” refers to killing an animal.

“A vessel that inadvertently strikes a whale has not taken it, because the vessel’s course was not set against the whale,” said the memo, signed by Brian Nesvik, director of the Fish and Wildlife Service. “Felling a tree is not a take of the bats roosting in it unless the tree was felled for the purpose of killing or capturing them.”

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Legal experts say this is an unprecedentedly narrow view of what these words mean in the Endangered Species Act, and that the moves are sure to be challenged in court. Almost two dozen states recently sued the Trump administration over changes to the law, and more lawsuits from environmental groups are expected to come. And if history is any indicator, the agency could soon find itself on the losing side of an old argument — one that’s been heard in courts........

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