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 The 4(d) Rule rescinded FWS's prior regulation–an automatic "blanket rule" extending all ESA Section 9 "take" prohibitions to newly listed threatened species.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…

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 The 4(d) Rule rescinded FWS's prior regulation–an automatic "blanket rule" extending all ESA Section 9 "take" prohibitions to newly listed threatened species.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 critical habitat from designation, which could eliminate protections for those areas under Section 7 and other provisions of the ESA. 

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/


Attorney for Plaintiff

Aguilera, Susana (California)

Arizona, State of (California)

Breidenbach, Christopher G. (California)

Brinkman, Joanna (California)

California, State of (California)

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

Docket

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

Last updated Oct. 4, 2026, 3:05 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

RECAP
27 Sept. 24, 2026

Notice (Other)

RECAP
28 Sept. 24, 2026

Notice (Other)

RECAP
Sept. 25, 2026

Clerk's Notice of Impending Reassignment - Text Only

Sept. 25, 2026

Case Assigned/Reassigned

31 Sept. 28, 2026

Pro Hac Vice

RECAP
32 Sept. 28, 2026

Pro Hac Vice

RECAP
Sept. 28, 2026

Clerk's Notice Setting Zoom Hearing

34 Sept. 29, 2026

Pro Hac Vice

RECAP
35 Oct. 1, 2026

Order on Motion for Pro Hac Vice

RECAP
36 Oct. 1, 2026

Order on Motion for Pro Hac Vice

RECAP
37 Oct. 1, 2026

Order on Motion for Pro Hac Vice

RECAP
38 Oct. 2, 2026

Pro Hac Vice

RECAP
39 Oct. 2, 2026

Pro Hac Vice

RECAP
40 Oct. 2, 2026

Pro Hac Vice

RECAP
41 Oct. 2, 2026

Order Relating Case

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

Case Details

State / Territory:

California

Case Type(s):

Environmental Justice

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

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

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 Protection 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