20 States Sue Trump Administration Over Endangered Species Act Rollbacks

Democratic attorneys general from 20 states and the District of Columbia filed two lawsuits on September 9, 2026 challenging Trump administration rules that narrow protections under the 1973 Endangered Species Act. One suit challenges a July rule from the Interior and Commerce Departments redefining "harm" to exclude habitat degradation unless it is "directed immediately and intentionally" at a protected species, easing the path for mining, oil drilling and development in sensitive habitats. The second challenges rules eliminating default protections for newly listed threatened species and requiring regulators to weigh objections from private companies before designating "critical habitat."

The Endangered Species Act has been credited with helping restore populations such as condors, grizzly bears and humpback whales, and the states argue the new rules leave protections weaker than Congress intended. Interior Secretary Doug Burgum has said the law has been "weaponized" to block development projects, while the administration says the changes correct regulatory overreach.

The suits, led by Washington, California, Maryland and Massachusetts, add to a separate case environmental groups filed in July over the same "harm" rule. Both cases are pending.