US environmental groups plan to sue to relist gray whales under Endangered Species Act

A coalition of environmental groups has filed notice of intent to sue the National Marine Fisheries Service for missing an Aug. 24, 2026 deadline to respond to a petition seeking Endangered Species Act protections for Eastern Pacific gray whales. The population fell from roughly 20,500 in 2019 to 14,526 in 2023, a nearly 30% drop in four years that groups call potentially catastrophic.

Scientists attribute most of the deaths to climate-driven disruption of the Arctic food web rather than ship strikes or entanglement, with one advocate saying the whales “seem to be starving.” The species was delisted in 1994 after ESA protections helped it recover from a century of whaling.

NOAA spokesperson Michael Milstein declined to comment on the delay, citing pending litigation. Advocates warn the population could vanish within a decade if current conditions continue.

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