SAN FRANCISCO (CN) — The Center for Biological Diversity and other environmental groups filed a lawsuit against the U.S. Fish and Wildlife Service and National Marine Fisheries Service Thursday afternoon, opposing weakened Endangered Species Act regulations proposed by the government agencies.
The groups aim in the lawsuit, filed in the U.S. District Court for the Northern District of California, to correct sections of the rules that fail to protect imperiled species and undermine the conservation law’s intent and effectiveness.
The Endangered Species Act was enacted by Congress 50 years ago, and has been hailed as a crucial tool in conserving biodiversity, but environmentalists say the agencies crippled their own effectiveness with the changes implemented in 2019, under then-President Donald Trump.
Despite revising the damaging rulemakings and issuing new rules in April 2024 following a series of federal lawsuits also challenging the revised act, the agencies left many unlawful provisions intact, the center claims in its 38-page complaint.
For instance, one provision permits nearly total destruction of a protected habitat before recognizing a violation, and another sets a higher bar for protecting species and their habitats, even when science indicates they deserve protection.
These provisions now leave many threatened or endangered species with inadequate protection, the center claims.
“These regulations are a disaster for endangered animals like the spotted owl, polar bear, and so many more,” said Noah Greenwald, endangered species director at the Center for Biological Diversity, in a statement. “It’s really disappointing to see the U.S. Fish and Wildlife Service put forward regulations that fundamentally undercut its own ability to do what’s necessary to save plants and animals from extinction.”
According to the center, since its passage in 1973, the Endangered Species Act has saved 99% of protected species from extinction, including the bald eagle, gray wolf, Florida manatee, humpback whale and California condor.
However, the biodiversity crisis has accelerated due to human activities and climate change, with over two-thirds of plant and animal life declining since 1970 and nearly half of U.S. ecosystems at risk of collapse today. The environmental groups’ lawsuit seeks to ensure that the law continues to protect species and their habitats effectively.
Additionally, the environmental groups claim the agencies failed to consider and disclose significant environmental impacts from these regulations in violation of the National Environmental Policy Act. They claim the final regulatory revisions are major federal actions, none qualify for categorical exclusions from NEPA compliance and each will have significant impacts on the human environment by undermining the ESA’s purpose and protections.
To remedy these violations of law, the environmental groups seek an order declaring the revised Endangered Species Act regulations invalid, vacating and remanding the revised ESA regulations, blocking reliance on the revised EAS regulations and reinstating the pre-2019 ESA regulations.
“As we face a global extinction crisis, it’s more important than ever that our actions to save biodiversity follow science, not sell out to special interests,” said Bradley Williams, deputy legislative director, wildlife and lands protection at Sierra Club, which joined the center in the lawsuit. “The Fish and Wildlife Service and National Marine Fisheries Service can and must do more to protect imperiled species, and we will continue to advocate for wildlife across the country facing extinction.
The environmental groups are represented by Earthjustice, a San Francisco-based nonprofit environmental law organization.
“The agencies tasked with upholding the Endangered Species Act had the chance to restore full protections under the law, but they left too many species hanging in the balance,” said Ben Levitan, an attorney at Earthjustice, in a statement. “We’re returning to court to give imperiled species what the law demands — a better chance of survival.”