Twenty states and the District of Columbia filed two lawsuits against the Trump administration on Wednesday, challenging a series of regulatory changes that they say represent the most substantial rollback of wildlife protections in nearly 50 years since the Endangered Species Act was enacted.
The legal actions, brought in federal court in California, contest several recent rules that ease restrictions on land use in habitats of threatened and endangered species, potentially allowing increased drilling, logging, farming, and development activities.
The first lawsuit targets a newly finalized rule that redefines the concept of "harm" under the Endangered Species Act, originally passed in 1973 to prevent the extinction of imperiled plants and animals. Historically, harm included significant modification or degradation of habitat that would kill or injure protected species by disrupting their ability to feed, shelter, or reproduce. The Trump administration’s rule, finalized in July by the Interior and Commerce Departments, effectively removes habitat degradation from the definition of harm, meaning that destruction or disturbance of endangered species’ habitats may no longer be considered illegal under the Act.
The second lawsuit challenges two regulations issued by the U.S. Fish and Wildlife Service, a bureau within the Interior Department. One rule overturned the automatic extension of protections to all newly classified threatened species. The other allows economic considerations, such as potential losses to businesses, to be weighed before designating lands as critical habitat for endangered species.
Plaintiffs argue that these changes violate the Administrative Procedure Act, the Endangered Species Act itself, and the National Environmental Policy Act. During a virtual press conference, Rob Bonta, the attorney general of California, and Nick Brown, the attorney general of Washington state, accused the Trump administration of undermining bipartisan agreements to protect wildlife. Both highlighted that the Endangered Species Act was signed into law by President Richard M. Nixon, a Republican, and described the new rules as favoring business interests over environmental stewardship.
“As philosopher Immanuel Kant once said, we can judge the heart of a man by his treatment of animals,” Bonta remarked. “Time and again, Trump has proven that he's willing to hit the deregulatory switch for his business tycoon buddies, proving that he cares nothing about protecting our nation’s precious and irreplaceable biodiversity.”
Responding to the lawsuits, Charlotte Taylor, a spokeswoman for the Interior Department, said the administration is implementing the Endangered Species Act according to its legal mandate. “This lawsuit seeks to preserve a decades-old regulatory overreach that expanded the Endangered Species Act beyond the authority granted by Congress,” she said, adding the department would vigorously defend its interpretation.
A White House spokeswoman declined to comment, and officials with the Commerce Department did not immediately respond to requests for comment.
Besides California and Washington, the suit includes attorneys general from Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, Wisconsin, and the District of Columbia. With the exception of Vermont, all participating states are led by Democratic governors.