The Center for Biological Diversity (CBD) and Friends of the Earth have formally notified NOAA Fisheries and the U.S. Coast Guard of their intent to file suit over continued ship strikes involving whales and sea turtles along California’s coast – citing a failure to address the risks posed by current shipping lane designations.
According to the conservation groups, the agencies have not adequately analyzed how vessel traffic through known habitat areas contributes to the ongoing mortality of endangered marine species. In a formal notice letter, they argue that routing ships through key migratory and feeding zones has led to decades of fatal collisions, particularly near ports in the San Francisco Bay and Southern California.
“This year has already seen a disturbing spike in whale deaths off the West Coast,” said David Derrick, CBD Staff Attorney. “A comprehensive plan to reroute or slow down ship traffic is long overdue. Federal inaction is not only unlawful – it’s deadly.”
CBD reports that eight gray whales have likely died from vessel strikes in the San Francisco Bay region so far in 2025, with an estimated 80 whale fatalities occurring annually along the U.S. West Coast.
The potential lawsuit follows a 2022 legal victory in which the same groups successfully challenged NOAA Fisheries’ 2017 biological opinion that concluded no harm would come to whales or sea turtles from designated shipping lanes. A federal court vacated that opinion, finding it lacked sufficient analysis of known whale congregation areas. Yet, despite the ruling, NOAA has yet to issue an updated assessment.
The groups now contend that the Coast Guard’s continued issuance of shipping guidance in the absence of a valid biological opinion constitutes an ongoing violation of the Endangered Species Act.
“This is not the first time we’ve taken the government to court over its failure to confront the risks shipping poses to marine wildlife,” said Hallie Templeton, Legal Director at Friends of the Earth. “Even with a federal court ruling on our side, agencies have failed to act. We’re prepared to continue this fight – both in and out of the courtroom – to ensure meaningful protections for whales and sea turtles.”
Industry stakeholders are advised to monitor this case closely, as any legal resolution could prompt future regulatory changes to shipping routes or operational speeds along the California coast.