OKLAHOMA CITY — Oklahoma Attorney General Gentner Drummond and colleagues from two neighboring states joined in a lawsuit April 12 against the Biden administration over a U.S. Fish and Wildlife Service rule that designates the lesser prairie chicken as endangered or threatened.
The rule, which took effect earlier this month, imposes “burdensome restrictions” on Oklahoma ranchers who graze livestock and unnecessarily impedes the development of energy pipelines, oil drilling, wind farms and roads, Drummond said.
The USFW rule “truly presents an existential threat for cattle grazing, energy production and other vital aspects of western Oklahoma’s economy,” he said.
The lawsuit was filed in U.S. District Court in the Western District of Texas by Drummond, Kansas Attorney General Kris Kobach and Texas Attorney General Ken Paxton.
Drummond noted that legislative leaders have appropriated funds for the sole purpose of defending Oklahoma’s sovereignty. “The State of Oklahoma has a constitutional right to defend its sovereignty against unwarranted federal overreach,” he said.
In a Feb. 2 letter to U.S. Secretary of the Interior Deb Haaland and USFW Director Martha Williams, Drummond pointed out that the Oklahoma Department of Wildlife Conservation has worked closely with federal agencies, industry leaders, private landowners, conservation groups and other stakeholders to protect the lesser prairie chicken and its habitat.
Drummond’s letter provided a 60-day notice of the intent to file litigation for failing to follow necessary requirements of the Endangered Species Act regarding the Final Rule the USFW issued Nov. 25, 2022.
“Environmental activists wielding the authority of the federal government can have disastrous consequences for farmers, ranchers and energy producers,” Drummond told the Oklahoma Farm Report in February. “As a fifth-generation cattle rancher, I am committed to protecting our way of life, which feeds our state and nation with minimal environmental impact.”
The bird, which is known for its colorful spring mating dance, can be found in Oklahoma, Kansas, Texas, Colorado and New Mexico. The listing came after years of campaigning by wildlife advocates, including a 2019 lawsuit by three conservation groups. An estimated 90% of the bird’s habitat — unbroken tracts of native grasses — has disappeared.
Less than 200 years ago, one million of the birds roamed across the plains; today there are approximately 27,400.
Oklahoma is part of the “Northern Distinct Population Segment” where the lesser prairie chicken is to be listed as a threatened species, while birds in the “Southern Distinct Population Segment” will be listed as endangered.
Farmers and ranchers contend a threatened listing under the ESA alone does little to preserve the species, and believe voluntary conservation practices by landowners are more effective in protecting and enhancing critical wildlife populations.
“We all want diversity of our wildlife,” Drummond said. “I do a better job of managing my quail population and providing habitats for geese and prairie chicken than any bureaucrat can from Washington, D.C.”
Farm Bureau was joined by American Farmers & Ranchers and the Oklahoma Cattlemen’s Association in expressing their support of the litigation.
“Oklahoma has been at the forefront of conserving and enhancing the lesser prairie-chicken’s natural habitat through actions by numerous state and federal agencies to assist landowners with conservation measures, including the ODWC’s Candidate Conservation Agreement with Assurances, which has hundreds of thousands of acres enrolled in the program,” Oklahoma Farm Bureau said.
“Additionally, the United States Department of Agriculture’s Natural Resources Conservation Service has a long history of working with landowners in the southern Great Plains region to share the costs of conservation practices and assist with whole-farm planning – a measure that benefits both the agricultural land and the wildlife species native to the area.”
“We know best locally how to manage our grazing, our farming; even the oil and gas guy knows best how to minimize the impact to the environment,” Drummond told KC Sheperd of the Oklahoma Farm Report. “We’ve been doing it well in Oklahoma since the Dust Bowl, and we should not have a federal agency trying to tell us how to do agriculture.”
Kansas Attorney General Kris Kobach claimed the proposed federal protections for the bird are “illegal and potentially devastating to landowners and businesses in our state.”
Kobach said the listing of the bird as a threatened species failed to consider Kansas’ conservation and mitigation measures, and that state wildlife officials were already working with landowners to conserve the species.
Wildlife Department has several programs for habitat restoration
The Oklahoma Department of Wildlife Conservation has several programs that focus on habitat restoration efforts for lesser prairie chickens. Efforts funded through these programs are hoped to restore and increase the amount of suitable habitat for the lesser prairie chicken and simultaneously benefit farmers and ranchers who are interested in the program.
Brush management, prescribed grazing, upland wildlife habitat management, range planting, prescribed burning, firebreaks, and conversion to solar watering facilities are some of the practices that are approved under these programs and eligible for cost-share assistance.
Although the lesser prairie chicken is the primary focus of the program, farmers and ranchers benefit in that, “What’s good for the chicken is good for the cow.” That is a common phrase used to highlight the fact that management strategies used to benefit lesser prairie chickens will benefit diverse species.
Additionally, lesser prairie chickens function as a “flagship species,” acting as a focal point to direct action but also providing habitat for many other native wildlife species (including quail, turkey, songbirds and pollinators).
Counties offering sign-ups through the initiative include Alfalfa, Beaver, Beckham, Cimarron, Custer, Dewey, Ellis, Harper, Major, Roger Mills, Texas, Washita, Woods, and Woodward.
The ODWC will help by providing outreach and technical expertise, preparing habitat management plans and assisting in the monitoring efforts.
In December, 10 members of Congress – including Oklahomans Frank Lucas, Stephanie Bice, Markwayne Mullin, James Lankford and Jim Inhofe – introduced a Congressional Review Act joint resolution of disapproval in their respective chambers to strike down the Biden administration’s listing of the lesser prairie-chicken as endangered.
The act is used to block rules issued by federal agencies. Under the act, an agency must submit a report to Congress on its rule. After receiving the report, Congress can submit and act on a joint resolution of disapproval.