Case: Center for Biological Diversity v. Burgum

1:26-cv-00405 | U.S. District Court for the District of Hawaii

Filed Date: July 30, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged the U.S. Fish and Wildlife Service’s (Service) promulgation of the Critical Habitat Exclusion Rule, which plaintiffs alleged unlawfully restricts the Service’s discretion under § 4(b)(2) of the Endangered Species Act (ESA) and makes it easier for economic and other interests to obtain exclusions of habitat essential to threatened and endangered species from critical-habitat designations. On July 30, 2026, the Center for Biological Diversity, Conservation Council for Hawai‘i…

This case challenged the U.S. Fish and Wildlife Service’s (Service) promulgation of the Critical Habitat Exclusion Rule, which plaintiffs alleged unlawfully restricts the Service’s discretion under § 4(b)(2) of the Endangered Species Act (ESA) and makes it easier for economic and other interests to obtain exclusions of habitat essential to threatened and endangered species from critical-habitat designations.

On July 30, 2026, the Center for Biological Diversity, Conservation Council for Hawai‘i, Defenders of Wildlife, National Parks Conservation Association, Sierra Club, WildEarth Guardians, and Save the Manatee Club, represented by Earth Justice, filed this lawsuit against the U.S. Secretary of the Interior and the U.S. Fish and Wildlife Service in the U.S. District Court for the District of Hawai‘i. Under the rule, “credible information” of a relevant impact triggers an exclusion analysis, and the Service must credit that information unless rebutted and exclude the area if the benefits of exclusion outweigh those of designation. The plaintiffs alleged that the rule was arbitrary, capricious, an abuse of discretion, and otherwise not in accordance with law. Specifically, the plaintiffs alleged that the rule violated the ESA and that the Service violated the National Environmental Policy Act (NEPA) by failing to properly analyze the rule’s environmental impacts, the Service’s regulations implementing NEPA, and the Administrative Procedure Act (APA). Plaintiffs sought declaratory relief to invalidate the rule, vacatur of the rule, and restoration of the prior framework, injunctive relief to prohibit the Service from applying or relying on the rule, and attorney’s fees. The case was assigned to District Judge Derrick K. Watson.

As of September 10, 2026, this case is ongoing.

Summary Authors

Cristina Gonzalez (9/10/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73694879/parties/center-for-biological-diversity-v-burgum/


Judge(s)
Attorney for Plaintiff

Boyles, Kristen L. (Hawaii)

Broyles, Harley M. (Hawaii)

Forsyth, Elizabeth B. (Hawaii)

Manning, Joseph M (Hawaii)

Attorney for Defendant

Brocker, Peter W. (Hawaii)

Documents in the Clearinghouse

Documents in this case
1

1:26-cv-00405

Plaintiffs' Complaint for Declaratory and Injunctive Relief

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

July 30, 2026

July 30, 2026

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/73694879/center-for-biological-diversity-v-burgum/

Last updated Sept. 27, 2026, 3:09 a.m.

Docket for: Center for Biological Diversity v. Burgum
ECF Number Date Description Link
1 July 30, 2026

COMPLAINT for Declaratory and Injunctive Relief against Douglas Burgum, U.S. Fish and Wildlife Service ( Filing fee $ 405 receipt number AHIDC-3338368.), filed by Center for Biological Diversity, Conservation Counsel of Hawaii, Defendrtd of Wildlife, National Parks Conservation Association, Sierra Club, Wildearth Guardians, Save the Manatee Club (Attachments: # 1 Civil Cover Sheet)(Broyles, Harley) Modified docket text on 7/30/2026 (cib). (Entered: 07/30/2026)

1 Civil Cover Sheet

View on RECAP

Clearinghouse
2 July 30, 2026

Summons (Proposed) (Broyles, Harley) (Entered: 07/30/2026)

RECAP
3 July 30, 2026

Corporate Disclosure Statement by Center for Biological Diversity. (Broyles, Harley) (Entered: 07/30/2026)

RECAP
4 July 30, 2026

NOTICE of Related Case (CV 21-00041-HG-RT) Pursuant to Local Rule 40.2 - filed by Center for Biological Diversity, Conservation Council for Hawaii, Defenders of Wildlife, National Parks Conservation Association, Save The Manatee Club, Sierra Club, Wildearth Guardians (Broyles, Harley) (Entered: 07/30/2026)

RECAP
5 July 30, 2026

NOTICE of Case Assignment: Please reflect Civil case number CV 26-00405-DKW-KJM on all further pleadings. (cib) (Entered: 07/30/2026)

RECAP
6 July 30, 2026

Summons Issued as to All Defendants. (cib) (Entered: 07/30/2026)

RECAP
7 July 30, 2026

Order Setting Rule 16 Scheduling Conference is set for 9/28/2026 at 9:30 AM on before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE DERRICK K. WATSON on 7/30/2026. (cib) (Entered: 07/30/2026)

RECAP
8 July 30, 2026

NOTICE To Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure (Attachments: # 1 AO 398 Notice of Lawsuit and Request to Waive Service of a Summons, # 2 AO 399 Waiver of the Service of Summons)(cib) (Entered: 07/30/2026)

RECAP
9 July 30, 2026

MOTION for Pro Hac Vice Kristen L. Boyles Filing fee $ 300, receipt number AHIDC-3338461.Harley M. Broyles appearing for Plaintiffs Center for Biological Diversity, Conservation Council for Hawaii, Defenders of Wildlife, National Parks Conservation Association, Save The Manatee Club, Sierra Club, Wildearth Guardians (Attachments: # 1 Declaration of Kristen L. Boyles)(Broyles, Harley) (Entered: 07/30/2026)

RECAP
10 July 30, 2026

MOTION for Pro Hac Vice Elizabeth B. Forsyth Filing fee $ 300, receipt number AHIDC-3338472.Harley M. Broyles appearing for Plaintiffs Center for Biological Diversity, Conservation Council for Hawaii, Defenders of Wildlife, National Parks Conservation Association, Save The Manatee Club, Sierra Club, Wildearth Guardians (Attachments: # 1 Declaration of Elizabeth B. Forsyth)(Broyles, Harley) (Entered: 07/30/2026)

RECAP
11 July 30, 2026

MOTION for Pro Hac Vice Joseph M. Manning Filing fee $ 300, receipt number AHIDC-3338474.Harley M. Broyles appearing for Plaintiffs Center for Biological Diversity, Conservation Council for Hawaii, Defenders of Wildlife, National Parks Conservation Association, Save The Manatee Club, Sierra Club, Wildearth Guardians (Attachments: # 1 Declaration of Joseph M. Manning)(Broyles, Harley) (Entered: 07/30/2026)

RECAP
12 July 30, 2026

MOTION for Pro Hac Vice Barclay T. Samford Filing fee $ 300, receipt number AHIDC-3338475.Harley M. Broyles appearing for Plaintiffs Center for Biological Diversity, Conservation Council for Hawaii, Defenders of Wildlife, National Parks Conservation Association, Save The Manatee Club, Sierra Club, Wildearth Guardians (Attachments: # 1 Declaration of Barclay T. Samford)(Broyles, Harley) (Entered: 07/30/2026)

RECAP
13 July 30, 2026

MOTION for Pro Hac Vice Ryan Adair Shannon Filing fee $ 300, receipt number AHIDC-3338478.Harley M. Broyles appearing for Plaintiffs Center for Biological Diversity, Conservation Council for Hawaii, Defenders of Wildlife, National Parks Conservation Association, Save The Manatee Club, Sierra Club, Wildearth Guardians (Attachments: # 1 Declaration of Ryan Adair Shannon)(Broyles, Harley) (Entered: 07/30/2026)

RECAP
14 July 31, 2026

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO KRISTEN L. BOYLES, ESQ. re 9 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 7/31/2026. (eta) (Entered: 07/31/2026)

RECAP
15 July 31, 2026

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO ELIZABETH B. FORSYTH, ESQ. re 10 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 7/31/2026. (eta) (Entered: 07/31/2026)

RECAP
16 July 31, 2026

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO JOSEPH M. MANNING, ESQ. re 11 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 7/31/2026. (eta) (Entered: 07/31/2026)

RECAP
17 July 31, 2026

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO BARCLAY T. SAMFORD, ESQ. re 12 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 7/31/2026. (eta) (Entered: 07/31/2026)

RECAP
18 July 31, 2026

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO RYAN ADAIR SHANNON, ESQ. re 13 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 7/31/2026. (eta) (Entered: 07/31/2026)

RECAP
21 Aug. 4, 2026

ORDER GRANTING AMENDED MOTION TO APPEAR PRO HAC VICE AS TO BRIAN SEGEE, ESQ. re 19, 20 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 8/4/2026. (eta) (Entered: 08/04/2026)

Clearinghouse
22 Aug. 24, 2026

NOTICE of Appearance by Peter W. Brocker on behalf of Douglas Burgum, U.S. Fish and Wildlife Service on behalf of Douglas Burgum, U.S. Fish and Wildlife Service. (Brocker, Peter) (Entered: 08/24/2026)

RECAP
23 Aug. 26, 2026

SUMMONS Returned Executed by Conservation Council for Hawaii, Wildearth Guardians, Defenders of Wildlife, Save The Manatee Club, Center for Biological Diversity, Sierra Club, National Parks Conservation Association. Douglas Burgum served on 8/3/2026; U.S. Fish and Wildlife Service served on 8/3/2026. (Forsyth, Elizabeth) (Entered: 08/26/2026)

RECAP
24 Sept. 1, 2026

NOTICE of Appearance by Tracy Weinstein on behalf of Douglas Burgum, U.S. Fish and Wildlife Service on behalf of Douglas Burgum, U.S. Fish and Wildlife Service. (Weinstein, Tracy) (Entered: 09/01/2026)

RECAP
26 Sept. 17, 2026

Order

RECAP

Case Details

State / Territory:

Hawaii

Case Type(s):

Environmental Justice

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: July 30, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Environmental organizations including the Center for Biological Diversity, Conservation Council for Hawai‘i, Defenders of Wildlife, National Parks Conservation Association, Sierra Club, WildEarth Guardians, and Save the Manatee Club.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Earthjustice

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

U.S. Fish and Wildlife Service

Defendant Type(s):

Parks

Facility Type(s):

Government-run

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

National Environmental Protection Act, 42 U.S.C. §§ 4321–4370f

Other Dockets:

District of Hawaii 1:26-cv-00405

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Classification / placement

Environmental Justice and Resources:

Environmental Impact Statements

Threatened/endangered fauna

Recommended Citation