fbpx

Attorney General Sues Over Endangered Chicken

Endangered Chicken
Lesser prairie chicken | Image by Nattapong Assalee/Shutterstock

The U.S. Fish and Wildlife Service has relisted the lesser prairie chicken as an endangered species under the Endangered Species Act (ESA) due to the bird’s declining population, estimated at 32,000 across five states in the United States.

The bird was designated as endangered in 2014, but a lawsuit brought by the Permian Basin Petroleum Association resulted in the designation being removed in 2015. The lawsuit asked for extra time to assess whether the conservation measures for the bird were successful, per the Agriculture Information Network.

The Biden administration delayed the listing of the bird until March 27 rather than the end of January when it was initially supposed to be listed. The National Cattlemen’s Beef Association (NCBA) and its allies in Congress reportedly encouraged the Biden administration to delay the listing, per Beef Magazine.

Birds in New Mexico and some areas of Texas are included in the southern separate population, which has been significantly impacted and is now classified as “endangered.” The northern population’s birds, spanning Kansas, Colorado, Oklahoma, and parts of the Texas Panhandle, will be classed as “threatened” but not “endangered,” per Beef Magazine.

Opposition to the relisting has been mounting from various groups, including the Permian Basin Petroleum Association, which is concerned about the impact on livestock producers and landowners. Texas Attorney General Paxton previously issued a Notice of Intent to “begin the process of suing the U.S. Fish and Wildlife Service (FWS) and the U.S. Department of the Interior,” as previously reported by The Dallas Express. Now, he has officially filed a lawsuit against the departments.

“Under President Joe Biden, the executive branch has instituted a number of arbitrary policy changes intended to reduce states’ autonomy and undermine energy development. This rule is no different,” said Attorney General Paxton, per Beef Magazine. “The lesser prairie chicken’s change in classification puts many of Texas’s conservation efforts at risk, all while bringing immeasurable harm to Texans’ property rights. My lawsuit aims to preserve both individual and states’ rights that are threatened by this rule and stop this Biden Administration policy in its tracks.”

The attorneys general of Kansas and Oklahoma are also considering lawsuits, and counties in the affected states are considering joining the suits, per the Agriculture Information Network.

According to Ben Shepperd, president of the Permian Basin Petroleum Association, significant portions of oil and gas could be negatively impacted and may disrupt the state’s economy and potentially even national security.

“We’re talking about the most prolific oil field not only in Texas but in North America,” said Shepperd, per The Houston Chronicle. “And we think significant portions of oil and gas could be shuddered or negatively impacted, dramatically impacted, in such a way that it would disrupt the state of Texas’ economy, and frankly our national security and our energy security.”

The new status is seen as a victory by those who have fought for the species’ protection and long pushed for relisting. Due to the decision, landowners and developers will now be required to consider the habitat and protection of the bird when making decisions that potentially impact the species.

Michael Robinson is a senior conservation advocate with the Center for Biological Diversity and believes the relisting is beneficial, saying that the lesser prairie chicken has lost much of its habitat due to a lack of action.

“We’ve had a chance to actually look at how that plan that was supposed to obviate the need for a listing has played out,” said Robinson, per The Houston Chronicle. “It’s shocking, and the lesser prairie chicken has lost a great deal of habitat that was not replaced.”

Terry Cosby, director of the USDA Natural Resources Conservation Service, said that, despite the new rules, the agency is working with landowners to ensure everyone can continue working.

“We’re working very closely with landowners on conservation plans, and they are implementing those practices that we’re recommending. They are going to have that assurance and that certainty that they can continue to do that work,” said Cosby, per the Agriculture Information Network.

Support our non-profit journalism

Submit a Comment

Your email address will not be published. Required fields are marked *

Continue reading on the app
Expand article