Four leading conservation groups, represented by Earthjustice, have filed a motion in federal court to defend critical protections for the Florida scrub-jay, a rare bird species found only in Florida.
The motion seeks to intervene in a lawsuit filed in 2024 by Pacific Legal Foundation in Florida’s Middle District. The lawsuit challenges protections under the Endangered Species Act (ESA) for the Florida scrub-jay and attempts to dismantle Charlotte County’s scrub-jay habitat conservation plan.
Earthjustice is representing the Florida Wildlife Federation (FWF), American Bird Conservancy, the Center for Biological Diversity, and the Environmental Confederation of Southwest Florida in the case.

Florida scrub-jay by Benjamin Klinger
A Species in Peril
The Florida scrub-jay was listed as a federally threatened species in 1987 due to dramatic population declines caused by habitat loss from development and agriculture. Today, fewer than 10,000 scrub-jays remain, a 90% decline from their numbers before European settlement.
Known for their vibrant blue plumage and inquisitive nature, scrub-jays are cooperative breeders that live in family groups and depend on the unique scrubland habitats found in Florida. However, these habitats are increasingly threatened by Florida’s rapid development.
The Legal Dispute
At the center of the lawsuit is Charlotte County’s Scrub-Jay Habitat Conservation Plan, which was created in 2014 to balance development with the protection of the species. The plan allows development in scrub-jay habitats but requires landowners to pay a fee that funds habitat restoration, conservation research, and the acquisition of protected lands.
A Charlotte County landowner, Michael Colosi, has refused to pay the required fee after purchasing five acres in designated scrub-jay habitat. Represented by Pacific Legal Foundation, Colosi is suing Charlotte County and the U.S. Fish and Wildlife Service, arguing that the Endangered Species Act cannot protect species found exclusively within one state.
If this legal argument is upheld, it could strip federal protections from hundreds of other state-specific species, including the Florida panther and Florida grasshopper sparrow.
Voices of Conservation
Conservationists warn that the stakes of this legal battle extend far beyond the Florida scrub-jay.
“The majority of imperiled species in the United States exist in only a single state,” said Aaron Bloom, Senior Attorney at Earthjustice. “If, as this lawsuit claims, those species can’t be protected under the Endangered Species Act, then many will be lost forever.”
Sarah Gledhill, President and CEO of the Florida Wildlife Federation, highlighted the broader implications for Florida’s ecosystem:
“Florida’s diverse ecosystem is home to many plants and animals found nowhere else in the world. 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, found only in the Florida Keys, to the critically endangered Florida torreya tree.”
Elise Bennett, Florida Director at the Center for Biological Diversity, emphasized the importance of federal protections:
“The Endangered Species Act saved these vibrant birds from extinction. Undermining those protections now would have devastating consequences for the few remaining Florida scrub-jay families and all the people who love them.”
Michael J. Parr, President of American Bird Conservancy, pointed to the historical precedent of extinction in Florida:
“This species, found nowhere else on Earth, is in real trouble, but it isn’t too late to save it. 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.”
Finally, Becky Ayech, of the Environmental Confederation of Southwest Florida, underscored the importance of responsible development:
“If people choose to build in the scrub-jay’s home, they need to follow the protections that the community has agreed upon. These are very special, very rare birds, and federal law says you can’t just trash their home.”
Protecting Florida's Natural Heritage
The Florida scrub-jay is more than just a bird; it is a vital part of the state’s natural heritage and a symbol of its unique biodiversity. The outcome of this legal challenge could have far-reaching consequences, not only for the scrub-jay but for many species that rely on the Endangered Species Act for their survival.
FWF and its partners remain committed to protecting this cherished species and ensuring that conservation laws continue to safeguard Florida’s remarkable wildlife.
Read the full press release and the motion filed by Earthjustice. For more information about FWF’s litigation efforts to safeguard Florida’s water, wildlife, and wild spaces, visit floridawildlifefederation.org/litigation.
I am on the board of directors for the Merritt Island Wildlife Association, the friends group to the refuge. There are several families of Florida Scrub Jay on the refuge. Do you know if this lawsuit would impact national wildlife refuges?
Is there a process where other groups like ours can offer support in this effort?
Pacific Legal Foundation and Colosi are basing their legal action on whether a species found only “in one state” can be protected federally. THEIR HABITAT has been reduced to ONLY ONE STATE – as have many other species – and this is EXACTLY why it is PROTECTED. If we don’t do something now, we will lose them forever. It’s just common sense!
Mitigation dollars are a good start but all we are really doing is creating an island for these animals to slowly go extinct. “He will ruin those ruining the earth” Revelation 11:18.