Description: Challenge to amendments to Endangered Species Act regulations.
California v. Bernhardt
Filing Date Type File Action Taken Summary 01/07/2020 Opposition Download Opposition to federal defendants' motion to dismiss filed by state plaintiffs. 12/23/2019 Statement Download Statement of nonopposition to motions to intervene filed by state plaintiffs. 12/17/2019 Motion to Intervene Download Motion to intervene filed by Kenneth Klemm, Beaver Creek Buffalo Co., Washington Cattlemen’s Association, and Pacific Legal Foundation. 12/09/2019 Motion to Intervene Download Motion to intervene as defendants filed by 13 states. 12/06/2019 Motion to Dismiss Download Motion to dismiss filed by federal defendants. 10/22/2019 Complaint Download First amended complaint filed. 09/25/2019 Complaint Download Complaint filed. States Filed Lawsuit Challenging Trump Administration’s Changes to the Endangered Species Act Regulations. Seventeen states, the District of Columbia, and New York City filed a lawsuit in the federal district court for the Northern District of California challenging amendments to the regulations implementing the Endangered Species Act (ESA). The plaintiffs asserted that the amendments violated the ESA’s plain language and purpose, as well as “its legislative history, numerous binding judicial precedents interpreting the ESA, and its precautionary approach to protecting imperiled species and critical habitat,” including by limiting designation of unoccupied critical habitat, “particularly where climate change poses a threat to species habitat.” The plaintiffs also contended that the defendants failed to provide reasoned analysis for the changes and overlooked important issues, including the need to address threats from climate change. The plaintiffs asserted claims under the ESA, the Administrative Procedure Act, and the National Environmental Policy Act (NEPA). The plaintiffs indicated that their case was related to the previously filed Center for Biological Diversity v. Bernhardt.