21 May 2026
Hello Everyone,
I want to post the following separately. Please read it and understand the shocking implications. I may be wrong, but I believe the individual bringing the lawsuit is the owner of the nests formerly known as Superbeaks. (I will correct this if I am wrong.
This is a not being reported much that’s happening in Florida. I don’t know if you’ve heard, but I haven’t.
A high-profile lawsuit in Florida involving a “tech entrepreneur” has sparked national alarm because its legal argument could dismantle a massive portion of the Endangered Species Act (ESA).
The lawsuit centers on Michael Colosi, a 32-year-old tech founder who recently relocated from New Jersey to Punta Gorda, Florida.
The Conflict: A Tech Entrepreneur vs. A Tiny Bird
In 2024, Colosi purchased a five-acre plot of land in Charlotte County to build a home. However, the property sits directly within the designated habitat of the Florida scrub jay. The scrub jay is a threatened species, and the only bird found uniquely (endemic) to the state of Florida.
Under local conservation plans designed to comply with the ESA, anyone building on this habitat must pay a mitigation fee—amounting to roughly $118,000 to $140,000 in Colosi’s case—which is used to buy and protect alternative lands for the birds. Rather than paying the fee, Colosi sued Charlotte County and the U.S. Fish and Wildlife Service.
The Loophole Threatening the Entire ESA
Colosi is being represented pro bono by the Pacific Legal Foundation (PLF), a conservative property-rights group. The PLF is using a highly controversial legal argument that extends far beyond a single house.
The Argument: They claim that the federal government does not have the constitutional authority under the Commerce Clause to protect species that exist entirely within the borders of a single state. They argue federal law, by definition, must regulate interstate matters.
The “Too Endangered” Paradox: Critics note that this argument creates a bizarre legal paradox: if a species becomes so endangered that its entire population is reduced to just one state, it would lose all federal protections.
If the federal courts rule in Colosi’s favor, the precedent would not just affect the Florida scrub jay. It could instantly strip federal ESA protections from more than 1,200 species across the United States that are endemic to a single state—including iconic animals like the Florida panther, the California condor, and hundreds of localized Hawaiian plants and animals.
Because the stakes are so high, a coalition of environmental organizations—including the Center for Biological Diversity and the Earthjustice legal team—have formally intervened in the lawsuit to defend the Endangered Species Act against the challenge.
The lawsuit (Colosi v. Charlotte County, U.S. Fish and Wildlife Service, et al.) is actively moving forward in the federal court system after the government’s attempt to dismiss it was rejected.
The Government’s Dismissal Fails: Both Charlotte County and the U.S. Fish and Wildlife Service (FWS) filed motions to dismiss, claiming that tech entrepreneur Michael Colosi lacked standing and that his injury wasn’t concrete. The federal court denied the motions to dismiss, ruling that Colosi faces clear “concrete, particularized harms” by being forced to choose between a six-figure fee or an extensive federal permitting process.
The Case Moves to Merits: Because the court refused to throw out the lawsuit, the defendants were required to formally respond. The case is now moving toward the summary judgment and evidentiary phases.
Environmental Intervenors: A coalition of environmental groups, legally represented by Earthjustice, successfully intervened. They are now official parties to the case to actively defend the Endangered Species Act (ESA) from being dismantled.
Ultimate Trajectory: Legal experts from both sides expect this case to eventually be appealed to the Eleventh Circuit Court of Appeals and potentially rise to the U.S. Supreme Court, given the Pacific Legal Foundation’s broader goal of redefining federal Commerce Clause power.
Major Single-State Species at Risk
The Pacific Legal Foundation’s core argument is that the federal government cannot use the Commerce Clause to protect species that live entirely within one state’s borders. If Colosi wins, federal ESA protections could instantly be stripped from roughly 75% of all listed species that are endemic to a single state
Some of the most prominent single-state species that would lose federal protection include:
| Region | Species at Risk | Current Status |
|---|---|---|
| Florida | Florida Panther | Endangered |
| Florida Scrub Jay (the bird in the lawsuit) | Threatened | |
| Florida Grasshopper Sparrow | Endangered | |
| California | California Condor | Endangered |
| Island Fox (Channel Islands) | Threatened / Recovered | |
| Delta Smelt | Endangered | |
| Hawaii | Hawaiian Monk Seal | Endangered |
| Nene (Hawaiian Goose) | Threatened | |
| Hundreds of localized Hawaiian plants & forest birds | Various | |
| Other States | Golden-Cheeked Warbler (Texas) | Endangered |
| Grizzly Bear (Greater Yellowstone Ecosystem population)* | Threatened | |
| Red Cockaded Woodpecker (Isolated state-specific clusters)~M | ||
Thank you, MP, for sending this to me. I did not know and I find this and other changes to parks and migratory bird laws astonishingly archaic. We should be supporting nature not killing it.
Thank you to OpenVerse for the image of the Scrub Jay.
This is truly shocking and can have serious repercussions on all endangered species in the USA. The greed of some people has no limits.
Dear Michael, You said that right – and while we are distracted by other events and the assault on daily living they are killing the planet! It is really time to get back to old fashioned 1960s and 70s activism with a 21st century twist.
The unfortunate thing is that the spirit of our young people has been trapped by a fake world, lost in technology, and now with AI it has taken a turn for the worst.
Oh, I hear you. One thing I found interesting. Our granddaughter moved to Australia – a boy! Instead of being a social worker for homeless addicts, she got a job serving coffee on the beach! Believe it or not it pays the same as a social worker here without the responsibility and weight of worry! When they brought in the social media ban, she noticed a change. Parents played with their children at the beach. People talked to one another instead of staring at a screen. What a concept. My province has now brought in a ban. ——- I/we grew up a time when you spent your time outside exploring and loving nature and doing things. I don’t remember anyone worrying about their children being overweight – we were always too busy exploring to eat!!!!!!!! And now, as you say, a fake world. I remember the first time I heard the Connelly woman say ‘alternative facts’ and I just about lost it. Science and logic are being lost in something….to be honest, I wonder how much longer we have as humans on this beautiful planet that we have killed? I suspect the tipping point has past. Here 34 or 35 degrees this week. Wildfires already starting. What was wet is drying up fast. I wonder. Which reminds me, it is time to put cold water out for the birds again. —–It is insane. You and I could talk about this over a good coffee and some of your incredible wildlife images for days.
Definitely shocking and upsetting, thanks for the information
You are welcome. The things that are happening while we are distracted by other events and things is unbelievable. I will try and continue to post what I find and I urge everyone to take action.
I have heard about this and I’m really disgusted actually. Thank you for bringing it more people’s attention.
Thank you, Lailah, for reaching out and posting a comment. This is really disgusting, but all over the place, behind all the other distractions, horrific things are happening to the environment. We have to be diligent and fight these! I cannot believe all the ways that people can think of to destroy our planet.
Hello everyone
To begin with, I don’t see how this land was up for private sale if it was protected.
Hello everyone,
What did the purchase /sale agreement look like? As a homeowner, there were things in the contract that needed attention, previous leans, well water agreement with the neighbor, etc. Did Colosi know this 5 acres was protected, and he purchased it anyway?
I searched for this, and got the following:
Yes, it appears Colosi knew (or should have known) about the protected status before buying.
Key facts:
• Purchase date: March 2024. 
• Habitat plan: Charlotte County’s Scrub-Jay Habitat Conservation Plan (HCP) was approved in 2014 — a full 10 years earlier. It’s been public policy since then, with clear rules and fees for building in designated areas. 
• Public records: The county’s property records for his specific parcel note that “Land value may be adjusted due to scrub jay habitat.” It’s also visible on the county’s GIS maps (a public online tool)
Did he actually know?
• Colosi and his lawyers (Pacific Legal Foundation) have not directly said whether he was aware of the restrictions when he bought it. When journalists asked, they avoided answering. 
• Critics and local observers point out it’s hard to miss: the restrictions are on maps, in public records, and part of standard real estate due diligence in the area. Many people assume he bought it anyway, possibly betting on a legal challenge. 
This is a classic “buyer beware” (caveat emptor) situation. The restrictions were already in place long before he purchased the 5 acres. He’s now challenging the fee system as unconstitutional rather than claiming he was blindsided.
Oh, my goodness, thank you for this. I want to put it up front on the blog! Everyone should know about this – I appreciate your great research and knowledge to find this information.
I am finding strange things happen that should not.
I bet we could. We grew up in a different world. We loved exploring our surroundings and the environment around us. This made us who we are today. My only downfall was that I always questioned things and people don’t like that. I don’t mind, most of the time I was proven right, albeit decades later 😁. And still they won’t admit it. 🤷