California leads 21-state lawsuit against federal ESA rule changes

California, alongside 20 other states including Washington, Maryland, and Massachusetts, has filed two federal lawsuits against NOAA Fisheries and the U.S. Fish and Wildlife Service. The legal action challenges recent administrative revisions to the Endangered Species Act (ESA) regulations.

The lawsuits target three specific areas: the definition of “harm,” which currently excludes significant habitat degradation; the ability of federal agencies to exclude certain areas from “critical habitat” designations based on economic or national security reasons; and the rollback of protections for “threatened” species.

These regulatory changes impact various sectors, particularly coastal and watershed operations. For industries such as fisheries and aquaculture, the revisions influence federal consultations, water use allocations, and environmental review timelines.