A nonprofit coalition is suing the California Department of Fish & Wildlife for stalling the state Endangered Species Act process for San Francisco Bay’s imperiled White Sturgeon
From the San Francisco Baykeeper:
Today, San Francisco Baykeeper, Restore the Delta, the California Sportfishing Protection Alliance, and Friends of the River filed a lawsuit against the California Department of Fish & Wildlife (CDFW) for postponing required actions under the California Endangered Species Act (CESA) for San Francisco Bay’s White Sturgeon. The groups are represented by the law firm Lozeau Drury.
According to CDFW, San Francisco Bay’s White Sturgeon population has plummeted by more than 80% in the last 30 years. Insufficient freshwater flows, poor water and sediment quality conditions, overharvesting, dredging, and algae blooms have all played a role in this decline.
In 2023, the nonprofit plaintiffs filed a petition to the California Fish and Game Commission (Commission) to officially list the White Sturgeon as threatened under CESA. Under CESA, CDFW is required to publish a formal review assessing the need for protection under the law; for White Sturgeon, that status review was due in January 2026. The formal review is then followed by a final determination from the Commission. However, CDFW has failed to produce the required status review.
Instead, CDFW has delayed the process, despite decades of data showing persistent declines compounded by massive fish kills fueled by harmful algae blooms in 2022 and 2023. The agency claims it plans to release a status report in mid-2027, at the earliest.
CDFW’s failure to produce a comprehensive status review creates uncertainty around the fish’s status during a critical time for California water management. The Newsom Administration is currently promoting major changes to the state’s water management policies and infrastructure that will affect White Sturgeon and other native fish. CDFW’s status report on White Sturgeon would be a critical tool in understanding and permitting of these projects. Without the report, agency decision-makers and the public are denied access to the best available scientific information on the species’ status, threats, and potential mitigations.
At the federal level, the U.S. Fish and Wildlife Service has similarly failed to protect White Sturgeon despite its recent determination that the protection is “warranted” under the federal Endangered Species Act. This acknowledgement of the species’ precarious status came as a result of successful litigation against the federal government by the same coalition of nonprofits.
“Even the Trump Administration now acknowledges the clear evidence that White Sturgeon are imperiled and deserve formal protection,” said Baykeeper science director Jon Rosenfield. “The Newsom Administration is slow-walking the listing process because permanent protections for White Sturgeon might limit new water diversion projects, such as the Delta Tunnel, Sites Reservoir, and the so-called ‘Healthy Rivers and Landscapes’ proposal. This lawsuit simply requires CDFW to do its job.”
“California’s Endangered Species Act is a last line of defense for species on the brink of extinction,” said Rebecca Davis, partner at Lozeau Drury LLP. “One of the ways the law protects species is by requiring swift and decisive action. CDFW has failed to meet its statutory deadlines to complete its work and release vital information about how we can protect this species. By refusing to follow the law’s requirements, the Newsom Administration is allowing this ancient species to creep ever closer to extinction.”
“An individual sturgeon can live as long as a human being. But the species as a whole could disappear in a human lifespan if we don’t take steps to protect its habitat and give it a fighting chance to survive alongside humans,” said Gary Bobker, program director at Friends of the River. “It’s clear that White Sturgeon are in trouble from unsustainable water diversions, toxic algal blooms and other threats—and that the state of California needs to stop dragging its heels and list the species.”
###
San Francisco Baykeeper defends the Bay and its watershed from the biggest threats. Its team of lawyers, scientists, and advocates holds polluters and government agencies accountable and has achieved a winning record for 37 years.
