Judge blocks Endangered Species Act listing of lesser prairie chicken

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.  In his opinion, District Judge Robert Junell agreed with PBPA. “The Court finds FWS did conduct an analysis” of stakeholder participation, “however this analysis was neither ‘rigorous' nor valid as FWS failed to consider important questions and material information necessary to make a proper … evaluation,” Junell wrote in his decision...more

Texas judge halts 'threatened' listing of lesser prairie chicken 

...In a 29-page ruling Tuesday, U.S. District Court Judge Robert Junell found the Fish and Wildlife Service did not follow their own rule for evaluating conservation efforts when making listing decisions about the lesser prairie chicken. “This caused FWS to arbitrarily and capriciously list the LPC as a threatened species,” Junell wrote. The plaintiffs in the case were the Permian Basin Petroleum Association and four New Mexico counties. Defendants were the Fish and Wildlife Service, FWS Director Daniel Ashe, the Department of the Interior and Interior Secretary Sally Jewell. The plaintiffs challenged whether the FWS followed its own rules, properly explained its decision and responded to the plaintiffs’ concerns. While the judge sided with the plaintiffs on the first claim, he ruled in favor of the defendants in the other two claims. The Fish and Wildlife Service has said the “threatened” listing last year was the result of a steep decline in the bird’s population in recent years. Five states are home to the lesser prairie chicken: Kansas, Colorado, New Mexico, Oklahoma and Texas. However, a recent aerial survey by the Western Association of Fish and Wildlife Association found an estimated 29,162 lesser prairie chickens, an increase from 19,643 in 2013 and 23,363 in 2014...