From staff reports A judge in the U.S. District Court for the Western District of Texas, Midland/Odessa Division, earlier this month vacated the Biden-Harris administration’s rule that listed the lesser prairie-chicken as an endangered species.
The U.S. Fish and Wildlife Service submitted a motion May 7 to vacate the rule listing the lesser prairie-chicken endangered and threatened, citing “a serious, foundational defect in the final rule.”
Two days later, “industry plaintiffs” in the case made a request for summary judgment, but the judge denied their motion as a moot issue.
“Industry plaintiffs” referred to the Kansas Independent Oil & Gas Association, the Petroleum Alliance of Oklahoma, the Permian Basin Petroleum Association, the National Cattlemen’s Beef Association, the Texas Cattle Feeders Association, the Kansas Livestock Association, the New Mexico Cattle Growers Association, and the Oklahoma Cattlemen’s Association, who brought suit in Permian Basin Petroleum Association. v. Department of the Interior. The State Plaintiffs in the case referred to states of Texas, Kansas, and Oklahoma, who brought suit in State of Texas v. Department of the Interior.
The federal judge ruled in favor of the three states, finding that the USF&WS committed “foundational error” when it declared the bird endangered in 2022. The court’s order eliminates federal restrictions that the energy and agriculture industries condemned as “burdensome” and threatened Oklahoma’s economy.
“This is a tremendous victory for Oklahoma farmers, ranchers and energy producers,” Oklahoma Attorney General Gentner Drummond said. “We told the Biden administration its rule was outrageous and illegal federal overreach. This court decision affirms we were right.”
USF&WS admitted to the court that it failed to provide adequate justification for treating the lesser prairie-chicken as comprising two distinct population segments warranting endangered species protection.
The ruling immediately removes the rule’s federal restrictions on livestock grazing, energy pipeline development, oil drilling, wind farms and road construction across western Oklahoma.
The lawsuit was filed in the U.S. District Court in the Western District of Texas in March 2023 by Texas Attorney General Ken Paxton, Kansas Attorney General Kris Kobach, and Drummond.