# US state lawsuits against ESA rule changes

> Live situation record from CLSTR: https://clstr.news/situations/us-state-lawsuits-against-esa-rule-changes
> Updated: 2026-09-25T08:07:38.000Z. Sources: 5. Developments: 2.

A coalition of 21 attorneys general, led by states including California, Michigan, Washington, Maryland, and Massachusetts, has filed two federal lawsuits against the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (NOAA Fisheries).

The legal challenges target administrative revisions to the Endangered Species Act (ESA) that critics argue weaken wildlife protections. Specifically, the lawsuits contest changes to the regulatory definition of “harm,” which previously included significant habitat modification or degradation affecting breeding, feeding, or sheltering. The new rules allow private entities to modify habitats without being classified as harming a species, provided no direct killing occurs.

Furthermore, the coalition is challenging new processes for designating “critical habitats,” including the ability of federal agencies to exclude certain areas based on economic or national security reasons. The litigation also addresses the rollback of automatic protections for newly listed threatened species. These regulatory shifts are noted to impact various sectors, particularly coastal and watershed operations such as fisheries and aquaculture.

## Timeline

### 2026-09-25: California leads 21-state lawsuit against federal ESA rule changes

California and 20 other states have filed federal lawsuits challenging recent changes to Endangered Species Act regulations regarding habitat protection and species classification.

3 sources. https://clstr.news/cluster/california-leads-21-state-lawsuit-against-federal-esa-rule-changes

### 2026-09-11: Attorneys General file lawsuits to protect Endangered Species Act habitats

A coalition of 21 attorneys general has filed lawsuits challenging federal rule changes that weaken habitat protections under the Endangered Species Act.

2 sources. https://clstr.news/cluster/attorneys-general-file-lawsuits-to-protect-endangered-species-act-habitats

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Cite as: US state lawsuits against ESA rule changes. CLSTR, https://clstr.news/situations/us-state-lawsuits-against-esa-rule-changes
