Maryland AG Joins Multi-State Lawsuit Challenging Federal Rollbacks of Endangered Species Protections

Attorney General Anthony G. Brown has co-led a coalition of 21 state attorneys general in filing two lawsuits challenging new federal regulations that weaken protections for endangered and threatened species and their habitats. The legal actions, filed against the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS), argue that the revised rules undermine the Endangered Species Act (ESA) and put vulnerable wildlife at increased risk.

The lawsuits specifically target changes that make it easier for private entities to alter or degrade the habitats of listed species and reduce protections for threatened species. One lawsuit challenges the rescission of the regulatory definition of “harm,” which previously included significant habitat modification or degradation that could injure or kill wildlife. The revised definition allows for damage to natural habitats and behavioral patterns, such as breeding or feeding, without triggering federal protection. This alteration is expected to make it simpler to damage or destroy essential habitats, potentially threatening the survival of protected species.

The second lawsuit contests two rule changes by the FWS. The first rescinds regulations that automatically provided protections for all newly listed threatened species. The second establishes a new process for designating “critical habitat,” which the coalition contends will result in essential areas for species conservation lacking the intended federal safeguards. Both sets of changes are argued to put species and their habitats in jeopardy and contravene the comprehensive protections established by Congress under the ESA. Research indicates that habitat loss is the primary driver of species decline, and the coalition asserts that the Services’ justifications for weakening habitat protections are inconsistent with the ESA’s core purpose. The attorneys general also argue that these rules violate the Administrative Procedure Act and the National Environmental Policy Act.

Maryland has a vested interest in preserving its natural resources and wildlife, being home to at least 21 federally listed animal species and seven plant species. These include the dwarf wedgemussel, Atlantic sturgeon, bog turtle, and Puritan tiger beetle. Given that many of these species also inhabit neighboring states, robust federal protections are deemed crucial for their recovery and long-term survival. The coalition’s efforts, co-led by Maryland, California, and Washington, also include attorneys general from Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawaiʻi, Illinois, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, and Wisconsin.

Article by Mel Anara, based upon information from the Maryland Attorney General’s Office.

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