Washington state sues over federal endangered species rule change

Amanda Zhou, The Seattle Times on Sep 9, 2026

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SEATTLE — Washington is among the states suing the federal government for changing rules around the Endangered Species Act.

Washington Attorney General Nick Brown is coleading two complaints with the attorneys general of California, Maryland and Massachusetts. The states argue that under the new rules it is easier for the government and private parties to degrade the habitats of endangered species, undermining the purpose of the law.

The four states are joined by a coalition of 17 other states, including Oregon, Hawaiʻi and Michigan, suing the U.S. Fish and Wildlife Service and the National Marine Fisheries Service.

According to the attorney general’s office, the Endangered Species Act protects more than 1,600 plant and animal species and millions of acres of critical habitat nationwide. Protected species saved from extinction include the California condor, the grizzly bear, the gray whale and the bald eagle.

The federal protections are also key to Washington’s southern resident orca population, which feed on endangered and threatened salmon populations that could also face habitat destruction should the new Endangered Species Act rules go into place, according to the attorney general’s office.

The coalition of states filed the lawsuits that challenge three rule changes. One lawsuit challenges a new rule that rescinded a longstanding definition of “harm,” would it argues would make it legal to kill and injure ESA-listed species by destroying habitat.

The departments of Interior and Commerce announced the rule change in July, saying it would reduce costs and permitting requirements for businesses and local governments.

In response to the lawsuits, the Department of the Interior said in a statement that it intends to implement the act “as written, not to expand its reach through interpretations favored by advocacy organizations.”

“This lawsuit seeks to preserve a decades-old regulatory overreach that expanded the Endangered Species Act beyond the authority granted by Congress. The Department will vigorously defend its authority to implement the law according to its plain text,” the statement said.

The second lawsuit takes aim at two rule changes that have to do with the process of designating areas as “critical habitat.” The attorney general’s office has argued that these changes loosen protections around existing and newly threatened species, arguing that research shows habitat loss is the primary cause of species’ decline.

In July, a group of Northwest tribal nations and conservation groups also filed a similar lawsuit challenging the rule changes.

In a news conference Wednesday morning, California Attorney General Rob Bonta and Washington Attorney General Nick Brown pointed out that the Endangered Species Act was originally passed with bipartisan support under President Richard Nixon in 1973.

“The Trump administration is trying to undermine the law, the will of Congress and the will of the people who overwhelmingly support protections for endangered species,” Brown said.

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