LONG BEACH ISLAND, N.J. — Save Long Beach Island announced it has filed a Notice of Intent to sue the U.S. Department of Commerce, alleging the agency failed to adequately protect the critically endangered North Atlantic right whale.
The nonprofit organization said the notice, filed Aug. 9, is the first step toward a federal lawsuit challenging the Commerce Department’s denial of a petition that sought to designate the whale’s historic East Coast migration corridor as critical habitat under the Endangered Species Act.
Group challenges federal denial
Save LBI originally submitted its 232-page petition on March 31, 2025, asking the National Oceanic and Atmospheric Administration to establish a continuous protected migration corridor connecting existing critical habitat areas in New England with calving grounds off Georgia and South Carolina.
According to the organization, NOAA denied the petition on July 22 after Save LBI had already filed a separate lawsuit seeking to compel the agency to act on the petition, which the group said remained pending for more than a year beyond the Endangered Species Act’s 90-day review period.
“Beyond other legal flaws, NOAA’s 90-day finding applies an erroneously heightened standard,” said attorney Thomas Stavola Jr., counsel for Save LBI. “Instead of fully considering the science cited by Save LBI, the agency simply dismisses it.”
Organization says migration corridor remains unprotected
Save LBI President Bob Stern criticized the agency’s decision, saying the denial failed to properly evaluate the scientific basis for the requested habitat designation.
“The reasons provided by Commerce in its denial are simply not sound, leaving us deeply disappointed that the federal agency charged with protecting these animals refused to consider a ‘critical habitat’ designation through a rule-making,” Stern said. “The DOC’s inaction leaves us no choice but to file suit in federal court to overturn its negative finding and require NOAA Fisheries to conduct the lawful, science-based review that the petition warrants.”
Stern also said the organization believes protecting the migration corridor would require additional review of offshore wind projects proposed within the route, adding that Save LBI has written to President Donald Trump asking him to intervene.
Petition seeks additional federal review
The organization estimates the North Atlantic right whale population has fallen to approximately 380 animals and argues the migration corridor is essential to the species’ long-term survival.
Lead researcher Denise Boccia said the whale’s feeding, migration and calving habitats function as one connected ecosystem rather than isolated areas.
“The North Atlantic right whale’s survival depends upon the ecological connectivity of its entire annual life cycle,” Boccia said. “The species does not exist as isolated populations occupying separate ‘feeding,’ ‘migration,’ and ‘calving’ areas; rather, these habitats function as an interconnected biological feature necessary to sustain the species.”
- Save Long Beach Island plans to sue the U.S. Department of Commerce over North Atlantic right whale habitat protections.
- The group is challenging NOAA’s denial of a petition seeking to designate the whale’s historic migration corridor as critical habitat.
- Save LBI argues the protected corridor would strengthen federal review of activities affecting the endangered species.
The proposed lawsuit has not yet been filed in federal court. A Notice of Intent is generally required before certain environmental claims may proceed under federal law, giving the agency an opportunity to respond before litigation begins.
The Department of Commerce and NOAA had not publicly responded to Save LBI’s latest announcement at the time of the organization’s release.
FAQ
- Who is filing the lawsuit?
Save Long Beach Island, a nonprofit environmental advocacy organization. - Who would be sued?
The U.S. Department of Commerce, the parent agency of NOAA. - What does Save LBI want?
The organization wants NOAA to reconsider its petition seeking critical habitat designation for the North Atlantic right whale’s historic migration corridor. - Why is the migration corridor important?
Save LBI argues it connects existing protected feeding and calving habitats that currently lack continuous federal habitat protection. - Has the lawsuit been filed?
Not yet. Save LBI has filed a Notice of Intent to Sue, which precedes the filing of a federal lawsuit.
Sources: Save Long Beach Island press release; Notice of Intent to Sue; National Oceanic and Atmospheric Administration petition materials.
