Suppose you had an endangered bird, say a whooping crane, that wintered in a certain very limited area in Texas. Every year in the spring the birds migrated to Canada. In the summer there are no whooping cranes in their winter home. You discovered a deposit of bauxite in the area, bought the land, and commenced a huge mining operation.
The cranes returned, flew around looking for their winter home, couldn’t find it, and all died.
Under a new rule promulgated by the Interior Department and the Commerce Department, that is now legal. You didn’t actually “‘harm” the birds. You didn’t shoot them, poison them, or catch and strangle them. You just took their habitat they need to live, so you didn’t actually harm the birds. No more need to do environmental impact statements.
Grown men and women backed by the American Petroleum Institute and other mining and commercial interests came up with this. And yes, it is as idiotic as it sounds. But hey, we can make some money. Of what use is a bog turtle or a desert pup fish or a whippoorwill if it gets in the way of profit?