Case: Center for Biological Diversity v. Burgum

2:26-cv-02474 | U.S. District Court for the Western District of Washington

Filed Date: July 14, 2026

Case Ongoing

Clearinghouse coding in progress

Case Summary

(This summary is temporary as we research the case.) On July 14, 2026, conservation organizations filed this lawsuit in the U.S. District Court for the Western District of Washington against the Secretaries of the Interior and Commerce, the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, and other officials. They challenged the agencies' July 2026 rescission of the regulatory definition of "harm" in the Endangered Species Act's prohibition on "take," which had included si…

(This summary is temporary as we research the case.)

On July 14, 2026, conservation organizations filed this lawsuit in the U.S. District Court for the Western District of Washington against the Secretaries of the Interior and Commerce, the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, and other officials. They challenged the agencies' July 2026 rescission of the regulatory definition of "harm" in the Endangered Species Act's prohibition on "take," which had included significant habitat modification or degradation that actually kills or injures wildlife since 1975 They alleged that the agencies adopted the interpretation of "take" advanced by the dissent in Babbitt v. Sweet Home Chapter of Communities for a Great Oregon, which the Supreme Court majority had rejected. The plaintiffs claimed the rescission was arbitrary and capricious under the Administrative Procedure Act because the agencies cited no scientific evidence, dismissed the reliance interests, and offered no explanation of the effects on listed species. They also alleged that the agencies violated NEPA by preparing no environmental impact statement or assessment and improperly invoking a categorical exclusion. 

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73612719/parties/center-for-biological-diversity-v-burgum/

Attorney for Plaintiff

Boyles, Kristen L (Washington)

Fuller, Erica (Washington)

Levitan, Benjamin M. (Washington)

Morrison, Sharmeen (Washington)

Preso, Timothy J. (Washington)

Documents in the Clearinghouse
1

2:26-cv-02474

Complaint for Declaratory and Injunctive Relief

Center for Biological Diversity et al. v. Burgum et al.

July 14, 2026

July 14, 2026

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/73612719/center-for-biological-diversity-v-burgum/

Last updated Aug. 30, 2026, 3:07 a.m.

Docket for: Center for Biological Diversity v. Burgum
ECF Number Date Description Link
1 July 14, 2026

COMPLAINT against All Defendants (Receipt # AWAWDC-9824234) Attorney Kristen L Boyles added to party Center for Biological Diversity(pty:pla), Attorney Kristen L Boyles added to party Columbia Riverkeeper(pty:pla), Attorney Kristen L Boyles added to party Conservation Law Foundation(pty:pla), Attorney Kristen L Boyles added to party Conservation Northwest(pty:pla), Attorney Kristen L Boyles added to party Friends of the Wild Swan(pty:pla), Attorney Kristen L Boyles added to party Oregon Wild(pty:pla), Attorney Kristen L Boyles added to party Sierra Club(pty:pla), Attorney Kristen L Boyles added to party Swan View Coalition(pty:pla), Attorney Kristen L Boyles added to party Wildearth Guardians(pty:pla) filed by Oregon Wild, Conservation Law Foundation, Sierra Club, Wildearth Guardians, Columbia Riverkeeper, Swan View Coalition, Center for Biological Diversity, Conservation Northwest, Friends of the Wild Swan. (Attachments: # 1 Civil Cover Sheet)(Boyles, Kristen) (Entered: 07/14/2026)

1 Civil Cover Sheet

View on PACER

Clearinghouse
2 July 14, 2026

PRAECIPE TO ISSUE SUMMONS re 1 Complaint,,, by All Plaintiffs (Attachments: # 1 Summons for Todd Blanche, # 2 Summons for Civil Process Clerk, # 3 Summons for Kevin Lilly, # 4 Summons for Howard Lutnick, # 5 Summons NOAA Fisheries, # 6 Summons Timothy R. Petty, # 7 Summons US Fish and Wildlife Service)(Boyles, Kristen) (Entered: 07/14/2026)

RECAP
3 July 14, 2026

APPLICATION OF ATTORNEY Benjamin M. Levitan FOR LEAVE TO APPEAR PRO HAC VICE for All Plaintiffs (Fee Paid) Receipt No. AWAWDC-9824524 (Boyles, Kristen) (Entered: 07/14/2026)

RECAP
4 July 14, 2026

APPLICATION OF ATTORNEY Sharmeen Morrison FOR LEAVE TO APPEAR PRO HAC VICE for All Plaintiffs (Fee Paid) Receipt No. AWAWDC-9824569 (Boyles, Kristen) (Entered: 07/14/2026)

RECAP
5 July 14, 2026

APPLICATION OF ATTORNEY Timothy J. Preso FOR LEAVE TO APPEAR PRO HAC VICE for All Plaintiffs (Fee Paid) Receipt No. AWAWDC-9824580 (Boyles, Kristen) (Entered: 07/14/2026)

RECAP
6 July 14, 2026

APPLICATION OF ATTORNEY Erica A. Fuller FOR LEAVE TO APPEAR PRO HAC VICE for All Plaintiffs (Fee Paid) Receipt No. AWAWDC-9826216 (Boyles, Kristen) (Entered: 07/14/2026)

RECAP
7 July 14, 2026

ORDER re 3 4 5 Applications for Leave to Appear Pro Hac Vice. The Court ADMITS Attorneys Benjamin M. Levitan, Timothy J. Preso, Sharmeen Morrison for all Plaintiffs, by Clerk Joshua C. Lewis. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(PS) (Entered: 07/14/2026)

RECAP
July 14, 2026

Notice to PHV and Local Counsel Unable to Process Application

July 14, 2026

Order on Application for Leave to Appear Pro Hac Vice

July 14, 2026

Disclosure Statement - Notice of Deadlines

July 14, 2026

Application for Leave to Appear Pro Hac Vice 6 by attorney Erica A. Fuller will not be processed at this time. The Pro Hac attorney must submit a Pro Hac Vice access request via Manage My Account on PACER, under the Maintenance tab. See page 2 of the Pro Hac Vice Application Guide for detailed instructions. Please contact the Attorney Admissions Clerk at 206-370-8400 or WAWD_Admissions@wawd.uscourts.gov with additional questions. (Ad hoc Attorney Erica A. Fuller) (PS)

July 14, 2026

NOTICE: Pursuant to Fed.R.Civ.P 7.1(a)(1), All Plaintiff(s) must file a Corporate Disclosure Statement by 7/21/2026. If applicable, a Diversity Disclosure Statement may be required pursuant to Fed.R.Civ.P 7.1(a)(2). In order to properly notify the Court, use the event Corporate/Diversity Disclosure Statement located in CM/ECF under Other Filings, Other Documents. (RE)

8 July 15, 2026

Summons(es) Electronically Issued as to all Defendants. (MIH) (Entered: 07/15/2026)

RECAP
9 July 15, 2026

ORDER re 6 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Erica Fuller for all Plaintiffs; by Clerk Joshua C. Lewis. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(PS) (Entered: 07/15/2026)

RECAP
July 15, 2026

Judge John H. Chun added. (MIH)

July 15, 2026

Add and Terminate Judges

July 15, 2026

Order on Application for Leave to Appear Pro Hac Vice

10 July 17, 2026

CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by All Plaintiffs. (Boyles, Kristen) (Entered: 07/17/2026)

RECAP
11 July 17, 2026

NOTICE of Related Case(s) 2:26-cv-02473-TMC, 3:26-cv-05788-BHS, by All Plaintiffs. (Boyles, Kristen) (Entered: 07/17/2026)

RECAP
12 July 20, 2026

MINUTE ORDER REASSIGNING CASE. Judge John H. Chun no longer assigned to case. This case is hereby transferred to the Honorable Tiffany M. Cartwright, as related to Case No. 2:26-cv-02473-TMC. Authorized by Judge John H. Chun. (APH) (Entered: 07/20/2026)

RECAP
13 July 20, 2026

NOTICE of Pendency of Other Action in U.S. District Court for the Northern District of California, U.S. District Court for the District of South Carolina, U.S. District Court for the Northern District of California, case number(s) in other court 3:26-cv-07176, 2:26-cv-02897-RMG, 3:26-cv-07507; filed by All Plaintiffs. (Boyles, Kristen) (Entered: 07/20/2026)

RECAP
14 July 28, 2026

ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT, DISCOVERY, DEPOSITIONS AND EARLY SETTLEMENT by District Judge Tiffany M. Cartwright. FRCP 26(f) Conference Deadline is 9/29/2026, Initial Disclosure Deadline is 10/6/2026, Joint Status Report due by 10/13/2026. (MET) (Entered: 07/28/2026)

RECAP
15 July 29, 2026

SERVICE OF SUMMONS and Complaint returned executed upon defendant All Defendants (Boyles, Kristen) (Entered: 07/29/2026)

RECAP
16 Aug. 17, 2026

APPLICATION OF ATTORNEY Brian Segee FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Center for Biological Diversity (Fee Paid) Receipt No. AWAWDC-9908264 (Boyles, Kristen) (Entered: 08/17/2026)

RECAP
17 Aug. 17, 2026

ORDER re 16 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Brian Segee for Center for Biological Diversity, by Clerk Joshua C. Lewis. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(ELS) (Entered: 08/17/2026)

RECAP
Aug. 17, 2026

Order on Application for Leave to Appear Pro Hac Vice

Case Details

State / Territory:

Washington

Case Type(s):

Environmental Justice

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: July 14, 2026

Case Ongoing: Yes

Case Details

Other Dockets:

Western District of Washington 2:26-cv-02474

Recommended Citation