Students for Life of America has escalated its campaign to restrict abortion medication, filing a notice of intent to sue the Food and Drug Administration over what the group claims is the agency's failure to comply with environmental law.
The group's attorneys, First Fourteenth, argue the Endangered Species Act requires federal agencies to consult with the U.S. Fish and Wildlife Service before taking actions that may affect listed or threatened species. They contend the FDA never conducted such consultations before approving mifepristone or expanding access through telemedicine and mail delivery.
Students for Life alleges more than 50 tons of medical waste from abortion drugs are flushed into water systems each year. Environmental scientists have disputed the group's specific claims of widespread ecological damage.
Kristan Hawkins, president of Students for Life of America, said the FDA "has ignored environmental law, failing to do the water testing needed to show that dumping tons of mifepristone-poisoned waste into our water isn't risking the lives and fertility of endangered species."
First Fourteenth's lawyers say scientific literature shows mifepristone in water has adverse effects on wildlife and that because the FDA never consulted on the matter, the agency's approval of the drug and allowance of abortion by mail are void.
The 60-day notice demands the FDA perform environmental testing, remove mifepristone from the market while tests are conducted, and commit not to approve additional uses of the drug, including for miscarriage care.
The lawsuit threat arrives as medication abortion has become the most common abortion method since the Supreme Court overturned Roe v. Wade in 2022. Restricting access to these pills—taken at home within the first 10 weeks of pregnancy—has become central to the anti-abortion movement's strategy.
The filing comes just before the confirmation hearing for Heidi Overton, President Trump's nominee to lead the FDA. Overton has criticized abortion policy and advocated for tighter restrictions on mifepristone.
A coalition of 50 anti-abortion groups, including Students for Life, released a joint statement urging Overton to commit to rolling back Biden-era policies that eased access to mifepristone, specifically virtual prescribing and pharmacist dispensing.
