The Western District Court of Texas vacates a 2014 “threatened” listing of the lesser prairie chicken Tuesday

[fullwidth background_color=”” background_image=”” background_parallax=”none” enable_mobile=”no” parallax_speed=”0.3″ background_repeat=”no-repeat” background_position=”left top” video_url=”” video_aspect_ratio=”16:9″ video_webm=”” video_mp4=”” video_ogv=”” video_preview_image=”” overlay_color=”” overlay_opacity=”0.5″ video_mute=”yes” video_loop=”yes” fade=”no” border_size=”0px” border_color=”” border_style=”” padding_top=”20″ padding_bottom=”20″ padding_left=”0″ padding_right=”0″ hundred_percent=”no” equal_height_columns=”no” hide_on_mobile=”no” menu_anchor=”” class=”” id=””][title size=”1″ content_align=”left” style_type=”underline solid” sep_color=”#000000″ margin_top=”” margin_bottom=”” class=”” id=””]The Western District Court of Texas vacates a 2014 “threatened” listing of the lesser prairie chicken Tuesday[/title][fusion_text]Wednesday, September 3rd 2015

The Western District Court of Texas vacated a 2014 “threatened” listing of the lesser prairie chicken Tuesday on the grounds that the U.S. Fish and Wildlife Service (FWS) incorrectly determined that voluntary conservation action wouldn’t be enough to protect the bird. The lesser prairie chicken was listed as threatened under the Endangered Species Act last March after FWS determined conservation efforts on the part of landowners and industry would not assuage the bird’s population decline. According to the agency, the species’ population has fallen 84 percent in the last 15 years due to habitat degradation and drought. Permian Basin Petroleum Association, an oil and gas trade group, challenged the listing in court along with four New Mexico counties, claiming that the voluntary support was sufficient. Several other energy sector companies have come out in strong opposition of regulatory protections for the bird as well, claiming that land use restrictions throughout the bird’s five-state Great Plains range would unduly burden energy exploration and extraction. District Judge Robert Junell agreed with PBPA. Congress has made several attempts to defund implementation of the lesser prairie chicken listing protections through the appropriations process. In May, the House voted to approve a defense authorization measure that included a provision to keep the bird from being listed as a threatened species until 2021. Just over a month later, the Senate Appropriations Committee referred a bill funding the Interior Department and the Environmental Protection Agency that barred FWS from enforcing the bird’s listing. House Natural Resources Committee Chairman Rob Bishop, R-Utah, released a statement in support of the court and accusing FWS of “illegally steamrolling states by their own secret rules.”

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