D.C. Circuit Affirms EPA’s “No Effects” ESA Determination

On August 25, 2026, the United States Court of Appeals for the D.C. Circuit issued a notable Endangered Species Act (ESA) decision in Center for Biological Diversity v. EPA, No. 25-1005. The Center for Biological Diversity (CBD) had filed a petition for review challenging a final rule published by the Environmental Protection Agency (EPA), which retained the existing national ambient air quality standard for nitrogen oxides and particulate matter and revised the standard for sulfur oxides. CBD argued that EPA violated the ESA by concluding that the challenged air quality rule would have no effect on listed species or critical habitat because neither the retained nitrogen oxide and particulate matter standards nor the more stringent sulfur oxide standard would result in any changes to air quality that could affect listed species. In upholding EPA’s “no effect” determination, the D.C. Circuit made a number of noteworthy statements regarding consultation under section 7(a)(2) of the