Case: Puyallup Tribe of Indians v. National Marine Fisheries Service

3:26-cv-05788 | 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, the Puyallup Tribe filed this lawsuit against the National Marine Fisheries Service and the U.S. Fish and Wildlife Service under the APA and NEPA. The Tribe challenged the agencies' July 2026 rescission of the regulatory definition of "harm" in the Endangered Species Act's prohibition on "take," which since 1975 had covered significant habitat modification or degradation that actually kills or injures fish and wildlife. The …

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

On July 14, 2026, the Puyallup Tribe filed this lawsuit against the National Marine Fisheries Service and the U.S. Fish and Wildlife Service under the APA and NEPA. The Tribe challenged the agencies' July 2026 rescission of the regulatory definition of "harm" in the Endangered Species Act's prohibition on "take," which since 1975 had covered significant habitat modification or degradation that actually kills or injures fish and wildlife.

The Tribe alleged that habitat destruction was a principal reason Puget Sound Chinook salmon, steelhead, and bull trout were listed in the ESA's list, and that because the Tribe's right to harvest those fish would be restricted under the Act. The Tribe claimed the rescission was arbitrary and capricious under the APA because the agencies adopted the interpretation of "take" advanced by the dissent in Babbitt v. Sweet Home, which the Supreme Court majority had rejected, and that it violated NEPA due to the lack of an environmental review.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73616891/parties/puyallup-tribe-of-indians-v-national-marine-fisheries-service/

Attorney for Plaintiff

Anderson, Lisa A (Washington)

Boyer, Laura J. (Washington)

Steadman, Jane Garrett (Washington)

Attorney for Plaintiff

Anderson, Lisa A (Washington)

Boyer, Laura J. (Washington)

Steadman, Jane Garrett (Washington)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 3:26-cv-05788	Complaint for Declaratory and Injunctive Relief Puyallup Tribe of Indians v. National Marine Fisheries Service et al.	July 14, 2026	July 14, 2026 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/73616891/puyallup-tribe-of-indians-v-national-marine-fisheries-service/

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

Docket for: Puyallup Tribe of Indians v. National Marine Fisheries Service

ECF Number	Date	Description	Link
1	July 14, 2026	COMPLAINT against defendant(s) National Marine Fisheries Service, United States Fish and Wildlife Service (Receipt # AWAWDC-9827712) Attorney Jane Garrett Steadman added to party Puyallup Tribe of Indians(pty:pla) filed by Puyallup Tribe of Indians. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for National Marine Fisheries Service, # 3 Summons U.S. Fish & Wildlife Service, # 4 Summons for Charles Neil Floyd, First Assistant U.S. Attorney, # 5 Summons for Todd Blanche, Acting U.S. Attorney General)(Steadman, Jane) (Entered: 07/14/2026) 1 Civil Cover Sheet View on PACER 2 Summons for National Marine Fisheries Service View on PACER 3 Summons U.S. Fish & Wildlife Service View on PACER 4 Summons for Charles Neil Floyd, First Assistant U.S. Attorney View on PACER 5 Summons for Todd Blanche, Acting U.S. Attorney General View on PACER	Clearinghouse
2	July 14, 2026	NOTICE of Related Case(s) 2:26-cv-02473; 2:26-cv-02474, by Plaintiff Puyallup Tribe of Indians. (Steadman, Jane) (Entered: 07/14/2026)	RECAP
3	July 14, 2026	APPLICATION OF ATTORNEY Laura J. Boyer FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Puyallup Tribe of Indians (Fee Paid) Receipt No. AWAWDC-9827763 (Steadman, Jane) (Entered: 07/14/2026)	RECAP
4	July 15, 2026	ORDER re 3 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Laura J. Boyer for Puyallup Tribe of Indians, 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
5	July 15, 2026	Summons(es) Electronically Issued as to defendant(s) National Marine Fisheries Service, United States Fish and Wildlife Service. (MW) (Entered: 07/15/2026)	RECAP
	July 15, 2026	Order on Application for Leave to Appear Pro Hac Vice
	July 15, 2026	Add and Terminate Judges
	July 15, 2026	Judge Benjamin H. Settle added. (MW)
	July 17, 2026	District Judge Tiffany M. Cartwright added. Case is related to 2:26-cv-2473. Judge Benjamin H. Settle no longer assigned to case. (MW)
	July 17, 2026	Add and Terminate Judges
6	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 Plaintiff Puyallup Tribe of Indians. (Steadman, Jane) (Entered: 07/20/2026)	RECAP
7	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
8	Aug. 27, 2026	Declaration (non motion)	RECAP

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Case Details

State / Territory:

Washington

Case Type(s):

Environmental Justice

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Environmental Protections

Key Dates

Filing Date: July 14, 2026

Case Ongoing: Yes

Case Details

Other Dockets:

Western District of Washington 3:26-cv-05788

Recommended Citation

Case Summary of Puyallup Tribe of Indians v. National Marine Fisheries Service, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/48370/.