Animal Groups Sue Over Barred Owl Removal Permit in Spotted Owl Habitat

Nonprofits sue FWS, alleging barred owl removal permit violates environmental laws.

In August 2024, the U.S. Fish and Wildlife Service (FWS) adopted a Barred Owl Management Strategy aimed at improving the survival and recovery of northern spotted owls, with an additional goal to prevent declines in California spotted owls. This strategy allows authorized entities, including federal, state, tribal agencies, and private landowners, to lethally remove barred owls that compete with spotted owls.

The Government Accountability Office (GAO) later clarified in May 2025 that this Record of Decision (ROD) qualifies as a rule under the Congressional Review Act (CRA), thus subject to its review and submission protocols.

Despite this, environmental nonprofits led by the Center for Biological Diversity, represented by Earthjustice, sued the FWS in November 2025. The lawsuit alleges that FWS failed to finalize Endangered Species Act protections necessary for California spotted owls, raising concerns about compliance with federal environmental policies.

The Barred Owl Removal Experiment, conducted prior to the strategy’s adoption, showed promising results. It reduced barred owl populations and fostered northern spotted owl survival, helping arrest long-term population declines in those removal areas. However, these successes have not prevented legal challenges that focus on regulatory adherence and adequate species protections.

As Noah Greenwald, Endangered Species Co-Director at the Center for Biological Diversity, stated, “The survival of the California spotted owl hangs by a thread and they desperately need protections.”

This litigation underscores critical tensions between wildlife management objectives and environmental law compliance, a focal point for legal professionals engaged in environmental regulation enforcement.