Environmental Groups to Sue Over Gray Whale Protections

By Jordan Fields

A coalition of environmental groups, including Oasis Earth, the Center for Biological Diversity, and the International Marine Mammal Project, has announced its intent to sue the United States National Marine Fisheries Service (NMFS) for not acting on a petition to relist Eastern Pacific gray whales under the Endangered Species Act (ESA). The groups argue that NMFS has missed its 12-month deadline to respond to their August 2025 petition.

The Eastern North Pacific gray whale population has experienced a dramatic decline, falling from approximately 20,500 individuals in 2019 to about 14,526 by 2023, according to Public Employees for Environmental Responsibility. This represents a nearly 30% decrease. NOAA Fisheries data indicate that the population, which peaked at around 27,000 in 2016, has continued to struggle, with estimates dropping to as low as 12,000-14,200 by 2025.

The decline has been attributed to an Unusual Mortality Event (UME) declared from 2019 to 2023, linked to disruptions in Arctic and Sub-Arctic feeding grounds. These disruptions have led to malnutrition, reduced calf production, and increased mortality rates. Additional threats include ship strikes, entanglements, and climate-induced changes affecting prey distribution.

Historically, the Eastern Pacific gray whale was removed from the ESA list in 1994 following a successful recovery. However, the recent population decline has prompted renewed calls for federal protection.