Conservation groups take legal action to ensure survival of declining Florida Scrub-Jay

Four conservation groups, represented by Earthjustice, filed a request in federal court today to defend critical protections for the imperiled Florida Scrub-Jay .

The groups are requesting to intervene in a 2024 lawsuit filed by a national conservative legal organization, Pacific Legal Foundation, in Florida’s Middle District. The lawsuit seeks to remove Endangered Species Act protections from the Florida Scrub-Jay and to scrap Charlotte County’s decade-old Florida Scrub-Jay Habitat Conservation Plan.

Earthjustice is representing the Florida Wildlife Federation, American Bird Conservancy, the Center for Biological Diversity, and the Environmental Confederation of Southwest Florida in the case.

The Florida Scrub-Jay is the only bird species found exclusively in the state of Florida and was listed as a federally threatened species in 1987 because its population had dropped dramatically due to habitat loss. Further declines have been documented since, resulting in a current population estimated at less than 10,000 birds mdash; 90% fewer than before European settlement.

Scrub-Jays are popular with birdwatchers and nature lovers across the globe because of their vibrant blue plumage and inquisitive nature. They are cooperative breeders, forming family groups that defend territories and raise new chicks together. Because Scrub-Jays feed, breed, and nest on the same unique scrubland habitats that agricultural operations and developers prize, they are under increasing pressure as Florida continues to develop.

Charlotte County developed its Scrub-Jay Habitat Conservation Plan in 2014 to comply with species protection regulations under the federal Endangered Species Act. The county’s Habitat Conservation Plan doesn’t prevent development in Scrub-Jay habitat, but it does require a fee for landowners building in the plan’s designated area. This money goes towards habitat enhancements, conservation research, or is used to purchase protected lands for the rare birds to help ensure their long-term survival.

One Charlotte County landowner, Michael Colosi, is refusing to pay the fee. After purchasing five acres in designated Scrub-Jay habitat, he sued Charlotte County and the U.S. Fish and Wildlife Service, with Pacific Legal Foundation representing him.

The suit claims that the Endangered Species Act cannot protect any species found only in one state because Congress’s authority to enact laws only applies to issues that cross state borders. Therefore, they argue that since the Scrub-Jay is found only in Florida, federal protections should not apply. This legal theory, if left unchallenged, could impact not only the Scrub-Jay but hundreds of other imperiled species found in just one state, including the Florida Panther, Florida Grasshopper Sparrow, and many of Hawai’i’s endemic species.

“The majority of imperiled species in the United States exist in only a single state,” said Earthjustice Senior Attorney Aaron Bloom. “If, as this lawsuit claims, those species can’t be protected under the Endangered Species Act, then many will be lost forever.”

“Florida’s diverse ecosystem is home to many plants and animals found nowhere else in the world,” said Sarah Gledhill, CEO and President of the Florida Wildlife Federation. “Targeting Charlotte County’s proactive effort to protect the Florida Scrub-Jay’s habitat from uncontrolled growth is a threat to all of Florida’s unique species from the Key deer, only found in the Florida Keys, to the Florida torreya, a critically endangered tree found in the Apalachicola region. We stand with Charlotte County and the U.S. Fish and Wildlife Service for their long-term commitment to protect this cherished species.”

“People visit Florida from all over just to catch a glimpse of our gregarious, brilliant blue Scrub-Jays” said Elise Bennett, Florida Director at the Center for Biological Diversity. “The Endangered Species Act saved these vibrant birds from extinction. Undermining those protections now would have devastating consequences for our few remaining Florida Scrub-Jay families and all the people who love them.”

“This species, found nowhere else on Earth, is in real trouble but it isn’t too late to save it,” said Michael J. Parr, President of American Bird Conservancy. “Florida was the state where the most recent mainland bird extinction in the United States happened back in 1987 when we lost the Dusky Seaside Sparrow. Let’s not allow another iconic Florida species to go the same way.”

“If people choose to build in the Scrub-Jay’s home, they need to follow the protections that the community has agreed upon,” said Becky Ayech of the Environmental Confederation of Southwest Florida. “These are very special, very rare birds, and federal law says you can’t just trash their home.”