21 Attorneys General Sue to Block Trump-Era Endangered Species Act Cuts

by ethan.brook News Editor
MN AG Minnesota Attorney General

Twenty-one attorneys general filed two lawsuits against federal wildlife agencies to block rules weakening the Endangered Species Act. The legal challenges target changes to habitat protection definitions and threatened species regulations enacted during the Trump administration, prompting a sharp clash between state officials and federal policy.

A coalition of states is taking federal wildlife agencies to court over significant rollbacks to conservation rules. Minnesota Attorney General Keith Ellison joined 20 other attorneys general to file the legal challenges, targeting both the U.S. Fish and Wildlife Service and the National Marine Fisheries Service. The disputes center on regulatory shifts that states argue undermine foundational protections established decades ago.

Challenging the Redefinition of Harm and Habitat Protections

The first lawsuit directly attacks the removal of the longstanding definition of harm under federal regulations. Previously, that definition covered significant habitat modification or degradation capable of killing or injuring wildlife by disrupting natural behaviors such as breeding, feeding, or sheltering. State attorneys general argue that narrowing this standard permits habitat encroachment—including oil drilling or mining—as long as animals are not directly killed or injured on contact, according to legal filings covered by regional reporting.

State leaders contend these adjustments actively violate congressional intent.

Ellison added that the modifications were morally wrong and clearly went against what Congress intended when it passed the Endangered Species Act in statements highlighted by local news coverage.

Disputing Threatened Species Rules and Critical Habitat Designation

A second lawsuit takes aim at two specific rule changes implemented by the Fish and Wildlife Service. The first adjustment removes regulations that previously granted automatic protections to all newly listed threatened species, forcing a shift toward case-by-case determinations. The second rule sets up a new framework for designating critical habitat, which the multi-state coalition argues will require the government to weigh industry objections and ultimately leave essential conservation areas vulnerable.

Alongside Minnesota, the legal coalition spans dozens of jurisdictions. New York Attorney General Letitia James pointed out that the actions involve attorneys general from 20 states and the District of Columbia. Co-leading states include Massachusetts, California, Maryland, and Washington, with participation from Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Michigan, New Jersey, New Mexico, Oregon, Vermont, Virginia, Wisconsin, and the District of Columbia.

Federal Defense and the Broader Regulatory Push

The policy adjustments align with a wider presidential push to cut regulations perceived as restrictive to American business activity. Interior Secretary Doug Burgum defended the administrative changes, arguing that the 1973 law had historically been utilized to block projects, harm competitiveness, and disrupt the economy, as noted in reporting by regional news outlets.

21 Attorneys General Sue to Block Trump-Era Endangered Species Act Cuts
Photo: fisheries.noaa.gov

These opposing legal arguments play out against a shifting judicial backdrop. The new rules arrive on the heels of a Supreme Court decision that reduced judicial deference to federal agency interpretations of statutory law, introducing fresh legal dynamics for courts reviewing executive branch rulemakings.

Statutory Grounds and What Lies Ahead

In their complaints, the coalition argues that the agencies’ rationale for reducing habitat safeguards directly contradicts the text and purpose of the Endangered Species Act. Passed by Congress to protect vulnerable wildlife and the ecosystems supporting them, the law has long been credited with preventing the extinction of iconic species like the bald eagle, California condor, grizzly bear, and humpback whale.

Earthjustice Sues to Block Trump's Move to Gut Endangered Species Act

Beyond statutory arguments under wildlife protection statutes, the lawsuits assert that the federal changes violate both the Administrative Procedure Act and the National Environmental Policy Act. As the litigation proceeds through the federal court system, the core question centers on whether executive agencies possess the legal latitude to reshape core environmental definitions established to enforce congressional conservation mandates.

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