Case: Center for Biological Diversity v. National Oceanic and Atmospheric Administration
8:26-cv-02678 | U.S. District Court for the District of Maryland
Filed Date: July 7, 2026
Case Ongoing
Clearinghouse coding complete
Case Summary
On July 7, 2026, the Center for Biological Diversity, a non-profit conservation organization, sued the National Oceanic and Atmospheric Administration (“NOAA”) to compel NOAA to comply with its request under the Freedom of Information Act (“FOIA”) to provide records concerning NOAA’s decision to eliminate ship speed limits in waterways that contain endangered North Atlantic Right Whales.
NOAA first issued the Ship Speed Rule in 2008 “to reduce the occurrence and severity of vessel collisions with North Atlantic Right Whales.” In enacting the Rule, NOAA explained that the best available scientific evidence demonstrated that lowering speeds was the most effective and practical approach to reduce the threat of ship strikes to Right Whales. The Rule applied to specific seasonal waterways based on decades of Right Whales migration data and to areas in which Right Whales had been reported within 15 days. The Rule contained a sunset provision. However, in 2013, NOAA eliminated the sunset provision based on scientific evidence that the Rule had been effective at substantially reducing Right Whale mortality from ship strikes.
In February 2026, the Center for Biological Diversity became aware that the Office of Information and Regulatory Affairs was reviewing a proposed amendment to the Ship Speed Rule. Accordingly, the Center sent a FOIA request to NOAA for all records that contain information about its proposed amendment.
In March 2026, NOAA publicly announced that it was considering possible deregulatory changes to the Rule to “reduce unnecessary regulatory and economic burdens on the regulated community.”
On July 7, 2026, after 97 days and several follow-ups, the Center for Biological Diversity filed suit against NOAA in the U.S. District Court for the District of Maryland for failing to provide the Center with the information requested under FOIA, seeking a declaration of non-compliance and a Court order for compliance with the FOIA request.
This case is ongoing.
Summary Authors
Ike Start (9/6/2026)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73581552/parties/center-for-biological-diversity-v-national-oceanic-and-atmospheric/
Alston, Seth Phillip (Maryland)
Diversity, Center for (Maryland)
Waltz, Daniel H (Maryland)
Documents in the Clearinghouse
Docket
See docket on RECAP: https://www.courtlistener.com/docket/73581552/center-for-biological-diversity-v-national-oceanic-and-atmospheric/
Last updated Sept. 28, 2026, 3:10 a.m.
Docket for: Center for Biological Diversity v. National Oceanic and Atmospheric Administration
Case Details
State / Territory:
Case Type(s):
Special Collection(s):
Trump Administration 2.0: Challenges to the Government
Key Dates
Filing Date: July 7, 2026
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
National non-profit conservation organization
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Federal
National Oceanic and Atmospheric Administration
Facility Type(s):
Case Details
Causes of Action:
FOIA (Freedom of Information Act), 5 U.S.C. § 552
Other Dockets:
District of Maryland 8:26-cv-02678
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Sought:
Relief Granted:
Source of Relief:
Issues
General/Misc.:
Case Summary of Center for Biological Diversity v. National Oceanic and Atmospheric Administration, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/48351/ (last updated 9/6/2026).