Environmental groups file challenge weakened Endangered Species Act, Center for Biological Diversity reports

The amended regulations continue to undermine the law on the protection of monuments.

August 2, 2024 – SAN FRANCISCO — Environmental groups filed a lawsuit Thursday renewing their objections to weakened Endangered Species Act rules developed by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service.

Today’s lawsuit seeks to correct portions of the regulation that fail to protect endangered species and undermine the intent and effectiveness of a wildly popular and effective wildlife law that Congress passed 50 years ago.

“These regulations are a disaster for endangered animals like the spotted owl, polar bear and many others” said Noah Greenwald, director of endangered species at the Center for Biological Diversity. “It’s truly disappointing that the U.S. Fish and Wildlife Service has proposed regulations that fundamentally undermine its ability to take actions necessary to save plants and animals from extinction.”

The current rules arose from federal lawsuits challenging weakening of the law in 2019. In response to that litigation, the agencies agreed to change the harmful provisions and issued new regulations in April 2024.

While the new law includes some significant improvements, such as restoring automatic protections for endangered species, many illegal provisions remain intact.

For example, one law allows for the near-complete destruction of protected habitat before a violation is considered to have occurred. Another requires a much higher bar before species and their homes can be protected, even if science suggests they deserve protection. Many threatened or endangered species, from wolverines to walruses, receive inadequate protection under current laws.

Earthjustice filed the lawsuit in the United States District Court for the Northern District of California on behalf of the Center for Biological Diversity, the Sierra Club, and WildEarth Guardians.

“Enforcement agencies under the Endangered Species Act have had the chance to restore full legal protections, but they have left too many species in limbo.” said Ben Levitan, an attorney with Earthjustice. “We are going back to court to give endangered species what the law requires—a better chance of survival.”

“In the face of a global extinction crisis, it is more important than ever that our actions to save biodiversity are guided by science, not by vested interests” said Bradley Williams, deputy director of legislation, wildlife and land conservation at the Sierra Club. “The Fish and Wildlife Service and the National Marine Fisheries Service can and must do more to protect endangered species. We will continue to advocate for wildlife across the country facing extinction.”

“The Endangered Species Act is the most important environmental protection law in our country, protecting wildlife and ensuring the protection of biodiversity” said Jennifer Schwartz, interim legal director for WildEarth Guardians. “As our extinction crisis deepens, we must defend the future of wild species against a barrage of attacks that continue to undermine the Endangered Species Act.”

Background

Since Congress passed the Endangered Species Act in 1973, it has saved 99 percent of protected species from extinction, including the bald eagle, gray wolf, Florida manatee, humpback whale and California condor.

Even though the act has prevented hundreds of species from going extinct, the biodiversity crisis has accelerated because of human activity and climate change. More than two-thirds of all plant and animal life on Earth has declined since 1970, and nearly half of ecosystems in the United States are now at risk of collapse.

Northern Spotted Owl
Public domain

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The Center for Biological Diversity is a national, nonprofit environmental organization with more than 1.7 million members and online activists dedicated to protecting endangered species and wild places.
Source: Center for Biological Diversity