States Challenge Rule Changes That Limit Habitat Protection

On September 9, 2026, a coalition of states filed two lawsuits in federal court to challenge recent changes to rules implementing the U.S. Endangered Species Act. The legal actions target three main regulatory revisions: the removal of the Service’s regulatory definition of “harm,” the ending of blanket protections for newly listed threatened species under Section 4(d), and a new process that allows exclusion of areas from critical habitat designations based on economic or other non-biological considerations. The plaintiffs include attorneys general from Washington, California, Maryland and Massachusetts, joined by 20 other states and the District of Columbia.

State officials argue that the regulatory changes will make it easier for developers, oil and mining companies to carry out activities that modify or destroy habitat without meaningful federal limits. Federal agencies have said the rules better reflect statutory text and balance economic impacts, but the lawsuits contend the changes undermine species recovery and the law’s purpose. The cases were filed in the U.S. District Court for the Northern District of California and seek orders to set aside the new rules. Court dates have not yet been set.