By BLANCHE HARDY
Earthjustice is representing American Bird Conservancy (ABC), the Center for Biological Diversity, and the Environmental Confederation of Southwest Florida conservation groups in the filing of a lawsuit in federal court to defend critical protection for the Florida Scrub-Jay.
The suit requests the court’s intervention in a 2024 lawsuit filed in Florida by the Pacific Legal Foundation, which is seeking the removal of Endangered Species Act protections from the Florida Scrub-Jay. According to ABC, Pacific Legal wants to remove Charlotte County’s decade-old Florida Scrub-Jay Habitat Conservation Plan.
The Florida Scrub-Jay is found exclusively in Florida. The species was listed as a threatened species by the federal government in 1987 due to population decline resulting from habitat loss. ABC notes continuing decline in the current population results in an estimated less than 10,000 remaining birds — 90 percent fewer than before European settlement.
Scrub-Jays are a persistent symbol of the state. The birds garner local affection due to their distinct blue plumage, inquisitive nature, and tendency to appear near humans. ABC describes the species as cooperative breeders, forming family groups that defend territories and raise new chicks together. As extended families, they are not easily relocated. They occupy the Florida scrubland habitat favored by agricultural operations and developers and face ever-increasing pressures as Florida continues to develop.
“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.”
Charlotte County enacted aScrub-Jay Habitat Conservation Plan in 2014 to comply with species protection regulations under the Endangered Species Act. The plan does not prevent development in Scrub-Jay habitat, but does require a fee for building in the plan’s designated area. The fee funds Scrub-Jay habitat enhancements, conservation research, and the purchase of additional habitat suitable protected lands.
ABC notes the Earthjustice suit counters a lawsuit filed against Charlotte County and the U.S. Fish and Wildlife Service by a Charlotte County landowner, Michael Colosi. Colosi refuses to pay the fee on five acres he purchased in designated Scrub-Jay habitat. Pacific Legal Foundation represents him.
The Colosi – Pacific Legal Foundation suit seeks a determination that the Endangered Species Act cannot protect any species found only in one state because Congress’ authority to enact laws only applies to issues that cross state borders. The lawsuit contends that because the Scrub-Jay is found only in Florida, federal protection should not apply.
ABC contends that the more far-reaching consequence of any success of the Colosi – Pacific Legal Foundation lawsuit is its potential to impact hundreds of other imperiled species found in a single state. ABC lists the Florida Panther, Florida Grasshopper Sparrow, Least Bell’s Vireo, and many of Hawai’i’s declining endemic species as equally imperiled by this action.
“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.”
“This species, found nowhere else on Earth, is in real trouble but it isn’t too late to save it,” said Michael J. Parr, ABC’s President. “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.”
Similar bills were filed during the 2025 Florida legislative session that would designate the Scrub-Jay the official Florida state songbird. The bills would also name the American flamingo as Florida’s official state bird. The state’s current official state bird is the mockingbird. It doesn’t appear as if the bills will pass during this legislative session.
