Case: Commonwealth of Massachusetts v. United States Fish And Wildlife Service

4:26-cv-10072 | U.S. District Court for the Northern District of California

Filed Date: Sept. 9, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges two United States Fish & Wildlife Service (FWS) rules finalized on July 21, 2026 – the 4(d) Rule and the Habitat Exclusion Rule – that harm State plaintiffs by undermining and weakening key requirements of the Federal Endangered Species Act (ESA). The 4(d) Rule rescinded FWS's prior regulation–an automatic "blanket rule" extending all ESA Section 9 "take" prohibitions to newly listed threatened species. The Habitat Exclusion Rule created a new process for excluding areas of…

On September 9, 2026, plaintiffs, twenty states plus the District of Columbia, filed this lawsuit in the U.S. District Court for the Northern District of California against defendants, FWS, the Director of FWS, the Secretary of the U.S. Department of the Interior, and the Principal Deputy for Fish and Wildlife and Parks. Represented by Attorneys General for each state and the district, the plaintiffs alleged five causes of action.

First, plaintiffs alleged the 4(d) Rule violated the ESA's plain language, structure, and purpose and the Administrative Procedure Act (APA) by exceeding FWS's jurisdiction, authority, and discretion under the ESA. Second, plaintiffs alleged the 4(d) Rule violated the APA because FWS acted in a manner that was arbitrary, capricious, and an abuse of power by providing no reasoned basis for abandoning its longstanding policy and practice of providing default Section 9 protections to all newly listed threatened species. Third, plaintiffs alleged the Habitat Exclusion Rule violated the ESA because it was contrary to the Section 4 critical habitat designation requirements, the Section 7 consultation requirements, and the ESA's conservation purposes and mandate. Plaintiffs further alleged the FWS violated the APA by acting in a manner that was contrary to law, as an abuse of discretion, and in excess of FWS's statutory jurisdiction and authority. Fourth, plaintiffs alleged the FWS violated the APA by failing to adequately consider and explain several aspects of the Habitat Exclusion Rule that prioritize economic factors and critical habitat exclusions over designation of critical habitat and conservation of endangered and threatened species, and thus acted in a manner that was arbitrary, capricious, and an abuse of discretion. Fifth, plaintiffs alleged Rule 4(d) and the Habitat Exclusion Rules violated the National Environmental Policy Act (NEPA) and APA. FWS's failure to comply with NEPA's requirements to take a "hard look" at the environmental impacts of the Rules in an environmental impact statement or an environmental assessment violated APA by being a decision that was arbitrary, capricious, and an abuse of discretion.

The plaintiffs sought a declaratory judgment that FWS violated the ESA, NEPA and APA, and an order vacating the Final Rules, costs, and additional relief as the court deems just and proper. The case was initially assigned to Magistrate Judge Ajay S. Krishnan and subsequently reassigned to District Judge Jon S. Tigar.

A joint case management statement by the parties is due by January 19, 2027, and an initial case management conference is set for January 26, 2027.

The case is ongoing.

Summary Authors

Raquel Winer (9/29/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/74766354/parties/commonwealth-of-massachusetts-v-united-states-fish-and-wildlife-service/

Judge(s)

Attorney for Plaintiff

Aguilera, Susana (California)

Arizona, State of (California)

Breidenbach, Christopher G. (California)

Brinkman, Joanna (California)

Attorney for Defendant

Brocker, Peter W (California)

Judge(s)

Tigar, Jon Steven (California)

Attorney for Plaintiff

Aguilera, Susana (California)

Arizona, State of (California)

Breidenbach, Christopher G. (California)

Brinkman, Joanna (California)

California, State of (California)

Colorado, State of (California)

Columbia, District of (California)

Connecticut, State of (California)

Delaware, State of (California)

Gambill, Nathan A. (California)

Garrahan, Paul Andrew (California)

Harris, Elizabeth Marie (California)

Hawaii, State of (California)

Hunton, Michele A. (California)

Illinois, State of (California)

Island, State of (California)

Jersey, State of (California)

Lewis, Heather Mudford (California)

Loda, Jennifer Lynn (California)

Maryland, State of (California)

Massachusetts, Commonwealth of (California)

Mexico, State of (California)

Michigan, State of (California)

Minnesota, State of (California)

Mirman-Heslin, Laura (California)

Montag, Coty Rae (California)

Mueller, Tara Lynn (California)

Noteboom, Carrie (California)

Oregon, State of (California)

Paccione, Alana V (California)

Patel, Danica (California)

Proano, Anthony Christopher (California)

Rios-Keating, Catherine (California)

Salton, Daniel Matthew (California)

Smith, Maggie Baker (California)

Smith, Zeus (California)

Vaz, Nicholas M. (California)

Vermont, State of (California)

Virginia, Commonwealth of (California)

Washington, State of (California)

Wisconsin, State of (California)

York, State of (California)

Zuckerman, Laura Julie (California)

Attorney for Defendant

Brocker, Peter W (California)

Kang, Young (California)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 4:26-cv-10072	Complaint for Declaratory Relief Commonwealth of Massachusetts v. United States Fish and Wildlife Service	Sept. 9, 2026	Sept. 9, 2026 Complaint

show / hide documents

Docket

See docket on RECAP: https://www.courtlistener.com/docket/74766354/commonwealth-of-massachusetts-v-united-states-fish-and-wildlife-service/

Last updated Oct. 29, 2026, 8:43 a.m.

Docket for: Commonwealth of Massachusetts v. United States Fish And Wildlife Service

ECF Number	Date	Description	Link
1	Sept. 9, 2026	COMPLAINT FOR DECLARATORY RELIEF against All Defendants ( Filing fee $ 405, receipt number ACANDC-22439538.). Injunction against the US government/official or APA vacatur requested. Filed by State of California. (Loda, Jennifer) (Filed on 9/9/2026) (Entered: 09/09/2026)	Clearinghouse
2	Sept. 10, 2026	Case assigned to Magistrate Judge Ajay S. Krishnan. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/24/2026. (dso, COURT STAFF) (Filed on 9/10/2026) (Entered: 09/10/2026)	RECAP
3	Sept. 10, 2026	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-22446868.) filed by State of Washington. (Harris, Elizabeth) (Filed on 9/10/2026) (Entered: 09/10/2026)	RECAP
4	Sept. 10, 2026	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-22447028.) filed by State of Washington. (Smith, Maggie) (Filed on 9/10/2026) (Entered: 09/10/2026)	RECAP
	Sept. 10, 2026	~Util - Case Assigned by Intake
5	Sept. 11, 2026	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-22450355.) filed by State of Colorado. (Breidenbach, Christopher) (Filed on 9/11/2026) (Entered: 09/11/2026)	RECAP
6	Sept. 11, 2026	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-22450407.) filed by State of Colorado. (Noteboom, Carrie) (Filed on 9/11/2026) (Entered: 09/11/2026)	RECAP
7	Sept. 14, 2026	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-22456292.) filed by State of Illinois. (Attachments: # 1 Certificate/Proof of Service)(Brinkman, Joanna) (Filed on 9/14/2026) (Entered: 09/14/2026)	RECAP
8	Sept. 14, 2026	Proposed Summons. (Mueller, Tara) (Filed on 9/14/2026) (Entered: 09/14/2026)	RECAP
9	Sept. 14, 2026	NOTICE of Appearance filed by Heather Mudford Lewis on behalf of State of California (Lewis, Heather) (Filed on 9/14/2026) (Entered: 09/14/2026)	RECAP
10	Sept. 14, 2026	ORDER GRANTING 3 Motion for Leave to Appear Pro Hac Vice (Harris, Elizabeth). Signed by Magistrate Judge Ajay Krishnan on 9/14/2026.(kmm2, COURT STAFF) (Filed on 9/14/2026) (Entered: 09/14/2026)	RECAP
11	Sept. 14, 2026	ORDER GRANTING 4 Motion for Leave to Appear Pro Hac Vice (Smith, Maggie). Signed by Magistrate Judge Ajay Krishnan on 9/14/2026. (kmm2, COURT STAFF) (Filed on 9/14/2026) (Entered: 09/14/2026)	RECAP
12	Sept. 14, 2026	ORDER GRANTING 5 Motion for Leave to Appear Pro Hac Vice (Breidenbach, Christopher). Signed by Magistrate Judge Ajay Krishnan on 9/14/2026. (kmm2, COURT STAFF) (Filed on 9/14/2026) (Entered: 09/14/2026)	RECAP
13	Sept. 14, 2026	ORDER GRANTING 6 Motion for Leave to Appear Pro Hac Vice (Noteboom, Carrie). Signed by Magistrate Judge Ajay Krishnan on 9/14/2026. (kmm2, COURT STAFF) (Filed on 9/14/2026) (Entered: 09/14/2026)	RECAP
14	Sept. 14, 2026	ORDER GRANTING 7 Motion for Leave to Appear Pro Hac Vice (Brinkman, Joanna). Signed by Magistrate Judge Ajay Krishnan on 9/14/2026. (kmm2, COURT STAFF) (Filed on 9/14/2026) (Entered: 09/14/2026)	RECAP
15	Sept. 14, 2026	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-22459515.) filed by State of Oregon. (Attachments: # 1 Appendix)(Garrahan, Paul) (Filed on 9/14/2026) (Entered: 09/14/2026)	RECAP
	Sept. 14, 2026	Notice of Appearance/Substitution/Change/Withdrawal of Attorney
16	Sept. 15, 2026	NOTICE of Appearance filed by Susana Aguilera on behalf of State of California (Aguilera, Susana) (Filed on 9/15/2026) (Entered: 09/15/2026)	RECAP
17	Sept. 15, 2026	NOTICE of Appearance filed by Laura Julie Zuckerman on behalf of State of California (Zuckerman, Laura) (Filed on 9/15/2026) (Entered: 09/15/2026)	RECAP
18	Sept. 15, 2026	NOTICE of Appearance filed by Coty Rae Montag on behalf of District of Columbia (Montag, Coty) (Filed on 9/15/2026) (Entered: 09/15/2026)	RECAP
19	Sept. 15, 2026	ORDER GRANTING 15 Motion for Leave to Appear Pro Hac Vice (Garrahan, Paul). Signed by Magistrate Judge Ajay Krishnan.(kmm2, COURT STAFF) (Filed on 9/15/2026) (Entered: 09/15/2026)	RECAP
	Sept. 15, 2026	Notice of Appearance/Substitution/Change/Withdrawal of Attorney
20	Sept. 17, 2026	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-22479772.) filed by State of Minnesota. (Attachments: # 1 Certificate of Good Standing)(Rios-Keating, Catherine) (Filed on 9/17/2026) (Entered: 09/17/2026)	RECAP
21	Sept. 17, 2026	Summons Issued as to Doug Burgum, Kevin Lilly, Brian Nesvik, United States Fish And Wildlife Service, U.S. Attorney and U.S. Attorney General (ark, COURT STAFF) (Filed on 9/17/2026) (Entered: 09/17/2026)	RECAP
22	Sept. 17, 2026	Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/8/2026. Initial Case Management Conference set for 12/15/2026 01:30 PM in Oakland, - Videoconference Only. (ark, COURT STAFF) (Filed on 9/17/2026)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 09/17/2026)	RECAP
23	Sept. 18, 2026	ORDER GRANTING 20 Motion for Leave to Appear Pro Hac Vice (Rios-Keating, Catherine). Signed by Magistrate Judge Ajay Krishnan on 9/18/2026. (kmm2, COURT STAFF) (Filed on 9/18/2026) (Entered: 09/18/2026)	RECAP
24	Sept. 21, 2026	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-22489739.) filed by State of Rhode Island. (Vaz, Nicholas) (Filed on 9/21/2026) (Entered: 09/21/2026)	RECAP
25	Sept. 21, 2026	ORDER GRANTING 24 Motion for Leave to Appear Pro Hac Vice ((Vaz, Nicholas). Signed by Magistrate Judge Ajay Krishnan on 9/21/2026.(kmm2, COURT STAFF) (Filed on 9/21/2026)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 09/21/2026)	RECAP
26	Sept. 24, 2026	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by State of California.. (Loda, Jennifer) (Filed on 9/24/2026) (Entered: 09/24/2026)	RECAP
27	Sept. 24, 2026	NOTICE of Pendency of Other Actions by State of Washington (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Harris, Elizabeth) (Filed on 9/24/2026) (Entered: 09/24/2026)	RECAP
28	Sept. 24, 2026	NOTICE by State of Washington (Attachments: # 1 Declaration, # 2 Proposed Order)(Harris, Elizabeth) (Filed on 9/24/2026) (Entered: 09/24/2026)	RECAP
29	Sept. 25, 2026	CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (kmm2, COURT STAFF) (Filed on 9/25/2026) (Entered: 09/25/2026)	RECAP
30	Sept. 25, 2026	ORDER REASSIGNING CASE IT IS ORDERED that this case is reassigned using a proportionate, random and blind system pursuant to General Order No. 44 to Judge Jon S. Tigar. Magistrate Judge Ajay S. Krishnan no longer assigned to the case. Counsel are instructed that all future filings shall bear the updated judicial initials immediately after the case number. Counsel are reminded to verify the location of the judge on the court website. All hearing and trial dates presently scheduled are vacated. However, existing briefing schedules for motions remain unchanged. Motions must be renoticed for hearing before the judge to whom the case has been reassigned, but the renoticing of the hearing does not affect the prior briefing schedule. Other deadlines such as those for ADR compliance and discovery cutoff also remain unchanged. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and cand.uscourts.gov/cameras. Mark B. Busby Clerk, United States District Court (This is a text-only entry generated by the court. There is no document associated with this entry.) Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (amf, COURT STAFF) (Filed on 9/25/2026) (Entered: 09/25/2026)	RECAP
	Sept. 25, 2026	Clerk's Notice of Impending Reassignment - Text Only
	Sept. 25, 2026	Case Assigned/Reassigned
31	Sept. 28, 2026	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-22518085.) filed by State of New York. (Attachments: # 1 Certificate of Good Standing)(Mirman-Heslin, Laura) (Filed on 9/28/2026) (Entered: 09/28/2026)	RECAP
32	Sept. 28, 2026	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-22519459.) filed by State of Connecticut. (Salton, Daniel) (Filed on 9/28/2026) (Entered: 09/28/2026)	RECAP
33	Sept. 28, 2026	CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Joint Case Management Statement due by 1/19/2027. Initial Case Management Conference set for 1/26/2027 at 02:00 PM - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jst Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at jstcrd@cand.uscourts.gov no later than 01/25/2027 at 2:00PM PST.Civ LR 77-3(d). Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://cand.uscourts.gov/zoom. (Related documents(s) 30 ) (This is a text-only entry generated by the court. There is no document associated with this entry.) (dms, COURT STAFF) (Filed on 9/28/2026) (Entered: 09/28/2026)	RECAP
	Sept. 28, 2026	Clerk's Notice Setting Zoom Hearing
34	Sept. 29, 2026	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-22523442.) filed by State of New Jersey. (Attachments: # 1 Exhibit Certificate of Good Standing)(Paccione, Alana) (Filed on 9/29/2026) (Entered: 09/29/2026)	RECAP
35	Oct. 1, 2026	APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE; ORDER by Judge Jon S. Tigar granting 31 Motion for Pro Hac Vice as to Laura Mirman-Heslin. (dms, COURT STAFF) (Filed on 10/1/2026) (Entered: 10/01/2026)	RECAP
36	Oct. 1, 2026	APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE; ORDER by Judge Jon S. Tigar granting 32 Motion for Pro Hac Vice as to Daniel M. Salton. (dms, COURT STAFF) (Filed on 10/1/2026) (Entered: 10/01/2026)	RECAP
37	Oct. 1, 2026	APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE; ORDER by Judge Jon S. Tigar granting 34 Motion for Pro Hac Vice as to Alana V. Paccione. (dms, COURT STAFF) (Filed on 10/1/2026) (Entered: 10/01/2026)	RECAP
38	Oct. 2, 2026	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-22542412.) filed by State of Michigan. (Attachments: # 1 Exhibit Certificate of Good Standing)(Gambill, Nathan) (Filed on 10/2/2026) (Entered: 10/02/2026)	RECAP
39	Oct. 2, 2026	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-22542370.) filed by Commonwealth of Massachusetts. (Attachments: # 1 Supplement Certificate of Good Standing)(Hunton, Michele) (Filed on 10/2/2026) (Entered: 10/02/2026)	RECAP
40	Oct. 2, 2026	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-22542627.) filed by Commonwealth of Massachusetts. (Attachments: # 1 Supplement Certificate of Good Standing)(Smith, Zeus) (Filed on 10/2/2026) (Entered: 10/02/2026)	RECAP
41	Oct. 2, 2026	RELATED CASE ORDER. Signed by Judge Jon S. Tigar on 10/02/2026. Case no. 19-cv-05206-JST is related to case no. 26-cv-10072-JST. (dms, COURT STAFF) (Filed on 10/2/2026) (Entered: 10/02/2026)	RECAP
42	Oct. 2, 2026	Order on Motion for Pro Hac Vice	RECAP
43	Oct. 2, 2026	Order on Motion for Pro Hac Vice	RECAP
44	Oct. 2, 2026	Order on Motion for Pro Hac Vice	RECAP
46	Oct. 6, 2026	Pro Hac Vice	RECAP
	Oct. 6, 2026	Clerk's Notice Setting Zoom Hearing
47	Oct. 7, 2026	Order on Motion for Pro Hac Vice	RECAP
48	Oct. 14, 2026	Certificate/Proof of Service	RECAP
49	Oct. 16, 2026	Pro Hac Vice	RECAP
	Oct. 19, 2026	Electronic Filing Error
	Oct. 23, 2026	Notice of Appearance/Substitution/Change/Withdrawal of Attorney

show / hide docket entries

Case Details

State / Territory:

California

Case Type(s):

Environmental Justice

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Environmental Protections

Key Dates

Filing Date: Sept. 9, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

20 States plus the District of Columbia

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

U.S. Department of the Interior

United States Fish and Wildlife Service

Defendant Type(s):

Law-enforcement

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

Endangered Species Act, 16 U.S.C. § 1531 et seq.

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

Other Dockets:

Northern District of California 4:26-cv-10072

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Declaratory judgment

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Environmental Justice and Resources:

Environmental Impact Statements

Threatened/endangered fauna

Recommended Citation

Case Summary of Commonwealth of Massachusetts v. United States Fish And Wildlife Service, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/48439/ (last updated 9/29/2026).