The Trump administration, as per reports, is moving toward a new interpretation of the Endangered Species Act that could mean the accidental killing or injury of endangered animals is no longer treated as an illegal “take”.The memo, dated September 14 and signed by US Fish and Wildlife Service Director Brian Nesvik, was circulated to field offices. The internal memo obtained by The New York Times argues that only actions intended to kill or capture protected wildlife would constitute a prohibited “take”, potentially changing how the law applies to deaths caused by commercial and other activities.The proposed interpretation centres on the word “take”, which the Endangered Species Act prohibits for endangered wildlife. The memo gives two examples: a vessel accidentally striking a whale would not be considered a take because the vessel was not deliberately directed at the animal, while cutting down a tree containing bats would not constitute a take unless the tree was felled with the purpose of killing or capturing them.Also read | <a href="https://www.wionews.com/world/openai-reveals-6-fresh-cases-where-ai-models-went-rogue-you-do-not-answer-to-corporations-or-governments-hugging-face-1789611605026">OpenAI reveals 6 fresh cases of AI models going rogue: 'You do not answer to corporations or governments'</a><h2>What could change for developers and businesses?</h2>Under the existing system, activities that could result in the incidental killing or injury of endangered species can require permits.For example, a developer building on land occupied by an endangered species can seek an incidental take permit. The permit can allow a specified level of incidental harm while requiring conservation measures to reduce the impact.Now, the interpretation described in the memo could substantially narrow the circumstances in which such permitting is needed.Amid uproar, the Interior Department's media office, in a statement cited by the NY Times, said the Endangered Species Act continues to prohibit the “take” of protected wildlife, including actions that harass, pursue, hunt, shoot, wound, kill, trap, capture or collect listed animals. It also said the administration's recent removal of the regulatory definition of “harm” did not eliminate the prohibition on take.<h2>Move follows July change to 'harm' rule</h2>The latest development follows the administration's formal rescission of the regulatory definition of “harm” under the Endangered Species Act. That rule took effect on September 14. The Fish and Wildlife Service and National Marine Fisheries Service said the change removed the regulatory definition from federal regulations while maintaining prohibitions on direct injury and killing of listed wildlife.Also read | <a href="https://www.wionews.com/world/trump-s-iran-war-has-cost-us-38-1-billion-cbo-estimates-missile-stocks-face-major-strain-1789546201220">Trump’s Iran war has cost US $38.1 billion, CBO estimates; missile stocks face major strain</a>The Interior Department has said the change was intended to reduce regulatory burdens and return enforcement to what it considers the statute's original meaning. The department said existing permits and incidental take statements remained valid.<h2>Legal basis dates back to Supreme Court dissent</h2>The new interpretation reportedly draws on a dissent written by Supreme Court Justice Antonin Scalia in a 1995 case involving the meaning of “take” under the Endangered Species Act.Supporters of the administration's legal position argue that the 2024 Supreme Court decision in Loper Bright Enterprises v. Raimondo, which overturned the Chevron doctrine of judicial deference to federal agencies, changes how earlier interpretations should be viewed.Legal scholars cited by The New York Times dispute that reading. Andrew Mergen, a Harvard law professor and former Justice Department lawyer who worked on Endangered Species Act litigation, called the proposed interpretation a major departure from the way the law has traditionally been applied. Patrick Parenteau, an emeritus professor at Vermont Law and Graduate School, said the Supreme Court majority in the 1995 case had rejected Scalia's interpretation based on the statute's text.

A Trump administration memo could dramatically change how the US Endangered Species Act is enforced. The proposed interpretation focuses on intent, potentially changing the rules for animals killed or injured accidentally by ships, construction, and other activities. All you need to know.

The Trump administration, as per reports, is moving toward a new interpretation of the Endangered Species Act that could mean the accidental killing or injury of endangered animals is no longer treated as an illegal “take”. The memo, dated September 14 and signed by US Fish and Wildlife Service Director Brian Nesvik, was circulated to field offices. The internal memo obtained by The New York Times argues that only actions intended to kill or capture protected wildlife would constitute a prohibited “take”, potentially changing how the law applies to deaths caused by commercial and other activities. The proposed interpretation centres on the word “take”, which the Endangered Species Act prohibits for endangered wildlife. The memo gives two examples: a vessel accidentally striking a whale would not be considered a take because the vessel was not deliberately directed at the animal, while cutting down a tree containing bats would not constitute a take unless the tree was felled with the purpose of killing or capturing them. Also read | OpenAI reveals 6 fresh cases of AI models going rogue: 'You do not answer to corporations or governments' What could change for developers and businesses? Under the existing system, activities that could result in the incidental killing or injury of endangered species can require permits. For example, a developer building on land occupied by an endangered species can seek an incidental take permit. The permit can allow a specified level of incidental harm while requiring conservation measures to reduce the impact. Now, the interpretation described in the memo could substantially narrow the circumstances in which such permitting is needed. Amid uproar, the Interior Department's media office, in a statement cited by the NY Times, said the Endangered Species Act continues to prohibit the “take” of protected wildlife, including actions that harass, pursue, hunt, shoot, wound, kill, trap, capture or collect listed animals. It also said the administration's recent removal of the regulatory definition of “harm” did not eliminate the prohibition on take. Move follows July change to 'harm' rule The latest development follows the administration's formal rescission of the regulatory definition of “harm” under the Endangered Species Act. That rule took effect on September 14. The Fish and Wildlife Service and National Marine Fisheries Service said the change removed the regulatory definition from federal regulations while maintaining prohibitions on direct injury and killing of listed wildlife. Also read | Trump’s Iran war has cost US $38.1 billion, CBO estimates; missile stocks face major strain The Interior Department has said the change was intended to reduce regulatory burdens and return enforcement to what it considers the statute's original meaning. The department said existing permits and incidental take statements remained valid. Legal basis dates back to Supreme Court dissent The new interpretation reportedly draws on a dissent written by Supreme Court Justice Antonin Scalia in a 1995 case involving the meaning of “take” under the Endangered Species Act. Supporters of the administration's legal position argue that the 2024 Supreme Court decision in Loper Bright Enterprises v. Raimondo, which overturned the Chevron doctrine of judicial deference to federal agencies, changes how earlier interpretations should be viewed. Legal scholars cited by The New York Times dispute that reading. Andrew Mergen, a Harvard law professor and former Justice Department lawyer who worked on Endangered Species Act litigation, called the proposed interpretation a major departure from the way the law has traditionally been applied. Patrick Parenteau, an emeritus professor at Vermont Law and Graduate School, said the Supreme Court majority in the 1995 case had rejected Scalia's interpretation based on the statute's text.

A Trump administration memo could dramatically change how the US Endangered Species Act is enforced. The proposed interpretation focuses on intent, potentially changing the rules for animals killed or injured accidentally by ships, construction, and other activities. All you need to know.

US endangered species law faces major shift as Trump memo narrows meaning of ‘take’. What changed?

<a href="http://www.wionews.com/world/explosive-memo-released-as-trump-escalates-fight-over-russia-probe-31626">Trump releases disputed </a><a href="http://www.wionews.com/world/explosive-memo-released-as-trump-escalates-fight-over-russia-probe-31626">memo,</a><a href="http://www.wionews.com/world/explosive-memo-released-as-trump-escalates-fight-over-russia-probe-31626"> escalates fight with FBI</a>

President Donald Trump and his Republican allies in Congress on Friday escalated a campaign against US law enforcement agencies over their probe of Trump&#39;s ties to Russia, releasing a disputed memo that the FBI warned was misleading and inaccurate.

The previously classified document, written by Republicans on the House of Representatives intelligence committee, alleges that the federal probe of potential collusion between Trump&#39;s 2016 presidential campaign and Russia was a product of political bias against Trump at the FBI and Justice Department.

<a href="http://www.wionews.com/sports/live-u-19-world-cup-finals-india-vs-australia-31627">U-19 World Cup final: Jonathan Merlo helps Australia recover from early losses</a>

The Under-19 World Cup final is underway, Australia won the toss and opted to bat first against India at Bay Oval, Mount Maunganui.

The pitch is more suitable for batting in the first innings and Australians have made a perfect decision but without a doubt, Indian bowling attack is in outstanding form.

<a href="http://www.wionews.com/india-news/over-30-shops-gutted-in-major-fire-at-madurai-temple-31631">Over 30 shops gutted in major fire at Madurai temple</a>

Over 30 shops were gutted after a major fire broke out at Madurai&#39;s Meenakshi Amman temple on Friday.

A media outlet quoted a fire and rescue officer as saying that the fire started at a toy shop inside the pillar hall of the temple around 10 pm.

The fire was controlled before it spread to the main temple area, Madurai collector Veera Raghava Rao was quoted as saying by the media outlet. She added that the temple had been re-opened for devotees and that a probe had been launched into the incident.

<a href="http://www.wionews.com/india-news/mehbooba-mufti-indian-army-most-disciplined-force-in-the-world-31629">Mehbooba Mufti: Indian Army &#39;most disciplined&#39; force in the world</a>

Jammu and Kashmir Chief Minister Mehbooba Mufti on Thursday ruled out revoking the controversial Armed Forces (Special Powers) Act in Kashmir &quot;due to the prevailing situation&quot; and asserted that the Indian Army is the &quot;most disciplined&quot; force in the world.

Mehbooba Mufti said the Army&#39;s footprint in the valley had increased due to the deteriorating security situation.

<a href="http://www.wionews.com/world/spice-girls-say-theyre-getting-back-together-again-31628">Spice Girls say they&#39;re getting back together again</a>

The Spice Girls got back together on Friday for the first time since 2012 and announced plans to explore &quot;incredible new opportunities&quot; in the future.

The British 1990s pop phenomenon -- Victoria Beckham, Melanie Brown, Emma Bunton, Melanie Chisholm and Geri Horner -- reunited at Horner&#39;s house north of London, along with their former manager Simon Fuller.

The best-selling female group ever released photographs of the gathering.

Trump releases disputed memo, escalates fight with FBI President Donald Trump and his Republican allies in Congress on Friday escalated a campaign against US law enforcement agencies over their probe of Trump's ties to Russia, releasing a disputed memo that the FBI warned was misleading and inaccurate. The previously classified document, written by Republicans on the House of Representatives intelligence committee, alleges that the federal probe of potential collusion between Trump's 2016 presidential campaign and Russia was a product of political bias against Trump at the FBI and Justice Department. U-19 World Cup final: Jonathan Merlo helps Australia recover from early losses The Under-19 World Cup final is underway, Australia won the toss and opted to bat first against India at Bay Oval, Mount Maunganui. The pitch is more suitable for batting in the first innings and Australians have made a perfect decision but without a doubt, Indian bowling attack is in outstanding form. Over 30 shops gutted in major fire at Madurai temple Over 30 shops were gutted after a major fire broke out at Madurai's Meenakshi Amman temple on Friday. A media outlet quoted a fire and rescue officer as saying that the fire started at a toy shop inside the pillar hall of the temple around 10 pm. The fire was controlled before it spread to the main temple area, Madurai collector Veera Raghava Rao was quoted as saying by the media outlet. She added that the temple had been re-opened for devotees and that a probe had been launched into the incident. Mehbooba Mufti: Indian Army 'most disciplined' force in the world Jammu and Kashmir Chief Minister Mehbooba Mufti on Thursday ruled out revoking the controversial Armed Forces (Special Powers) Act in Kashmir "due to the prevailing situation" and asserted that the Indian Army is the "most disciplined" force in the world. Mehbooba Mufti said the Army's footprint in the valley had increased due to the deteriorating security situation. Spice Girls say they're getting back together again The Spice Girls got back together on Friday for the first time since 2012 and announced plans to explore "incredible new opportunities" in the future. The British 1990s pop phenomenon -- Victoria Beckham, Melanie Brown, Emma Bunton, Melanie Chisholm and Geri Horner -- reunited at Horner's house north of London, along with their former manager Simon Fuller. The best-selling female group ever released photographs of the gathering.

WION morning news brief, February 3, 2018

President Donald Trump and his Republican allies in Congress on Friday escalated a campaign against US law enforcement agencies over their probe of Trump&#39;s ties to Russia, releasing a disputed memo that the FBI warned was misleading and inaccurate.

The previously classified document, written by Republicans on the House of Representatives intelligence committee, alleges that the federal probe of potential collusion between Trump&#39;s 2016 presidential campaign and Russia was a product of political bias against Trump at the FBI and Justice Department.

Ignoring a plea from the Federal Bureau of Investigation, Trump approved the release of the memo without redactions, deepening an extraordinary breach between the president and senior law enforcement officials over a probe that has dogged him during his first year in office.

Democrats said the four-page memo mischaracterises highly sensitive classified information and was intended to undermine Special Counsel Robert Mueller&#39;s criminal probe into the Russia matter launched in May 2017 that grew out of an earlier FBI investigation. They warned Trump against using it as a pretext to fire Deputy Attorney General Rod Rosenstein, who hired Mueller and oversees the investigation, or Mueller himself.

Asked by reporters whether the memo made him more likely to fire Rosenstein or whether he had confidence in him, Trump replied, &quot;You figure that one out.&quot; Dismissing Rosenstein would likely ignite a political firestorm, much as his firing of FBI chief James Comey did last year.

Hours after Trump spoke, a White House official said there have been no discussions or considerations about firing Rosenstein.

Mueller also is examining whether Trump has committed obstruction of justice in trying to thwart the Russia probe.

The memo alleges that the FBI concealed the Democratic ties of a source the agency used to justify surveillance on a former Trump campaign advisor with ties to Russia. The memo listed a string of senior Justice Department officials including Rosenstein who it said signed off on this.

&quot;I think it&#39;s a disgrace what&#39;s happening in our country,&quot; Trump told reporters when asked about the memo, adding that &quot;a lot of people should be ashamed of themselves.&quot;

Some lawmakers accused Trump of playing into the hands of Russian President Vladimir Putin after, as Republican Senator John McCain put it, Russia &quot;engaged in an elaborate plot to interfere in an American election and undermine our democracy.&quot;

&quot;If we continue to undermine our own rule of law, we are doing Putin&#39;s job for him,&quot; McCain, who is being treated for brain cancer, said in a statement.

Mueller&#39;s probe has led to guilty pleas by two of his foreign policy advisers to charges of lying to the FBI, and indictments of former campaign manager Paul Manafort and Manafort&#39;s business partner Rick Gates.

Trump has called the investigation a &quot;witch hunt,&quot; denying any collusion with Russia or obstruction of justice. Moscow has denied any election meddling.

&#39;Sacred investigative process&#39;

In a swipe at US law enforcement leaders on Twitter hours before the memo&#39;s release, Trump said, &quot;The top Leadership and Investigators of the FBI and the Justice Department have politicized the sacred investigative process in favour of Democrats and against Republicans - something which would have been unthinkable just a short time ago.&quot;

It was his latest attack on top law enforcement officials. Trump fired Comey last May as the FBI pursued the Russia probe, leading to Mueller&#39;s appointment by Rosenstein.

The FBI on Wednesday had expressed &quot;grave concerns about material omissions of fact&quot; in the document and urged that it not be made public. Writing on Twitter, Comey branded the memo &quot;dishonest and misleading.&quot;

FBI Director Christopher Wray sent a message to bureau employees apparently aimed at boosting morale after the memo&#39;s release. &quot;I stand by our shared determination to do our work independently and by the book,&quot; Wray said in the message, excerpts of which were seen by Reuters.

The memo was commissioned by the Republican chairman of the House intelligence panel, Devin Nunes. It focused on court-approved surveillance of former Trump campaign aide Carter Page and said the FBI used a source who was strongly biased against Trump - former British spy Christopher Steele - to justify the action.

It alleged that a dossier of alleged Trump-Russia contacts compiled by Steele, and funded in part by US&nbsp;Democrats, formed an &quot;essential part&quot; of requests to a special court to be allowed to conduct electronic surveillance on Page that began in October 2016.

It said the initial application and subsequent renewal applications, signed off on by various senior Justice Department officials, did not mention the link between Steele and the Democrats. It also portrayed Steele as &quot;passionate&quot; about Trump not becoming president.

Despite the memo&#39;s charges, neither the focus on Page nor the FBI&#39;s investigation of Trump-Russia ties began with the Steele dossier.

Page appeared on the FBI&#39;s radar screen as early as 2013, when he met in New York with Russians who were officers of the Kremlin&#39;s foreign intelligence service, sources have said.

The memo acknowledges that the FBI counterintelligence investigation began in July 2016 - three months before the request for electronic surveillance on Page - as a result of the activities of another Trump campaign aide, George Papadopoulos.

Papadopoulos told an Australian diplomat in May 2016 that Russia had political dirt on Democratic presidential candidate Hillary Clinton, information Australian officials passed to the US government, the New York Times reported in December.

The entire file that the Justice Department used to apply for permission to eavesdrop on Page remains highly classified, making it hard to evaluate the memo&#39;s contents.

&quot;The selective release and politicization of classified information sets a terrible precedent and will do long-term damage to the Intelligence Community and our law enforcement agencies,&quot; House intelligence committee Democrats said in a statement.

They said they hoped the panel would vote on Monday to release their own memo responding to the allegations.

US Attorney General Jeff Sessions, who has recused himself from the Russia investigation, indicated he planned to refer the memo&#39;s allegations to the Justice Department&#39;s inspector general for investigation.

A White House official said Trump had always been inclined to release the Republican memo, despite the FBI&#39;s urging that he not do so, and he relied heavily on Chief of Staff John Kelly and White House Counsel Don McGahn in approving the release.

The FBI had asked Trump not to release the memo

President Donald Trump and his Republican allies in Congress on Friday escalated a campaign against US law enforcement agencies over their probe of Trump's ties to Russia, releasing a disputed memo that the FBI warned was misleading and inaccurate. The previously classified document, written by Republicans on the House of Representatives intelligence committee, alleges that the federal probe of potential collusion between Trump's 2016 presidential campaign and Russia was a product of political bias against Trump at the FBI and Justice Department. Ignoring a plea from the Federal Bureau of Investigation, Trump approved the release of the memo without redactions, deepening an extraordinary breach between the president and senior law enforcement officials over a probe that has dogged him during his first year in office. Democrats said the four-page memo mischaracterises highly sensitive classified information and was intended to undermine Special Counsel Robert Mueller's criminal probe into the Russia matter launched in May 2017 that grew out of an earlier FBI investigation. They warned Trump against using it as a pretext to fire Deputy Attorney General Rod Rosenstein, who hired Mueller and oversees the investigation, or Mueller himself. Asked by reporters whether the memo made him more likely to fire Rosenstein or whether he had confidence in him, Trump replied, "You figure that one out." Dismissing Rosenstein would likely ignite a political firestorm, much as his firing of FBI chief James Comey did last year. Hours after Trump spoke, a White House official said there have been no discussions or considerations about firing Rosenstein. Mueller also is examining whether Trump has committed obstruction of justice in trying to thwart the Russia probe. The memo alleges that the FBI concealed the Democratic ties of a source the agency used to justify surveillance on a former Trump campaign advisor with ties to Russia. The memo listed a string of senior Justice Department officials including Rosenstein who it said signed off on this. "I think it's a disgrace what's happening in our country," Trump told reporters when asked about the memo, adding that "a lot of people should be ashamed of themselves." Some lawmakers accused Trump of playing into the hands of Russian President Vladimir Putin after, as Republican Senator John McCain put it, Russia "engaged in an elaborate plot to interfere in an American election and undermine our democracy." "If we continue to undermine our own rule of law, we are doing Putin's job for him," McCain, who is being treated for brain cancer, said in a statement. Mueller's probe has led to guilty pleas by two of his foreign policy advisers to charges of lying to the FBI, and indictments of former campaign manager Paul Manafort and Manafort's business partner Rick Gates. Trump has called the investigation a "witch hunt," denying any collusion with Russia or obstruction of justice. Moscow has denied any election meddling. 'Sacred investigative process' In a swipe at US law enforcement leaders on Twitter hours before the memo's release, Trump said, "The top Leadership and Investigators of the FBI and the Justice Department have politicized the sacred investigative process in favour of Democrats and against Republicans - something which would have been unthinkable just a short time ago." It was his latest attack on top law enforcement officials. Trump fired Comey last May as the FBI pursued the Russia probe, leading to Mueller's appointment by Rosenstein. The FBI on Wednesday had expressed "grave concerns about material omissions of fact" in the document and urged that it not be made public. Writing on Twitter, Comey branded the memo "dishonest and misleading." FBI Director Christopher Wray sent a message to bureau employees apparently aimed at boosting morale after the memo's release. "I stand by our shared determination to do our work independently and by the book," Wray said in the message, excerpts of which were seen by Reuters. The memo was commissioned by the Republican chairman of the House intelligence panel, Devin Nunes. It focused on court-approved surveillance of former Trump campaign aide Carter Page and said the FBI used a source who was strongly biased against Trump - former British spy Christopher Steele - to justify the action. It alleged that a dossier of alleged Trump-Russia contacts compiled by Steele, and funded in part by US Democrats, formed an "essential part" of requests to a special court to be allowed to conduct electronic surveillance on Page that began in October 2016. It said the initial application and subsequent renewal applications, signed off on by various senior Justice Department officials, did not mention the link between Steele and the Democrats. It also portrayed Steele as "passionate" about Trump not becoming president. Despite the memo's charges, neither the focus on Page nor the FBI's investigation of Trump-Russia ties began with the Steele dossier. Page appeared on the FBI's radar screen as early as 2013, when he met in New York with Russians who were officers of the Kremlin's foreign intelligence service, sources have said. The memo acknowledges that the FBI counterintelligence investigation began in July 2016 - three months before the request for electronic surveillance on Page - as a result of the activities of another Trump campaign aide, George Papadopoulos. Papadopoulos told an Australian diplomat in May 2016 that Russia had political dirt on Democratic presidential candidate Hillary Clinton, information Australian officials passed to the US government, the New York Times reported in December. The entire file that the Justice Department used to apply for permission to eavesdrop on Page remains highly classified, making it hard to evaluate the memo's contents. "The selective release and politicization of classified information sets a terrible precedent and will do long-term damage to the Intelligence Community and our law enforcement agencies," House intelligence committee Democrats said in a statement. They said they hoped the panel would vote on Monday to release their own memo responding to the allegations. US Attorney General Jeff Sessions, who has recused himself from the Russia investigation, indicated he planned to refer the memo's allegations to the Justice Department's inspector general for investigation. A White House official said Trump had always been inclined to release the Republican memo, despite the FBI's urging that he not do so, and he relied heavily on Chief of Staff John Kelly and White House Counsel Don McGahn in approving the release.

Trump releases disputed memo, escalates fight with FBI

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US endangered species law faces major shift as Trump memo narrows meaning of ‘take’. What changed?

WION morning news brief, February 3, 2018

Trump releases disputed memo, escalates fight with FBI