Groups Challenge Endangered Species Rule Defining “Habitat”

Conservation Council for Hawaii, the Center for Biological Diversity, Defenders of Wildlife, National Parks Conservation Association, Natural Resources Defense Council, Sierra Club, and Wildearth Guardians have filed suit against the Fish and Wildlife Service and National Marine Fisheries Service alleging that the agencies’ 2020 promulgation of a new rule defining “habitat” within the Endangered Species Act violates both the ESA itself and the Administrative Procedure Act.