AUSTIN, Texas — Texas Agriculture Commissioner Sid Miller praised a federal judge’s ruling that overturned protections for the lesser prairie-chicken under the Endangered Species Act, calling the decision a victory for farmers, ranchers and rural communities.
U.S. District Judge David Counts of the Western District of Texas vacated and remanded the U.S. Fish and Wildlife Service’s 2022 rule that listed the bird as endangered in the Permian Basin oil fields of West Texas and New Mexico, and as threatened across northern populations in the panhandles of Texas and Oklahoma, along with surrounding areas.
“This is a big win for Texas, and one we fought hard to get,” Miller said in a statement. “From day one, I’ve pushed back against Biden’s federal overreach because it was wrong for our farmers, ranchers, and rural communities. This court decision is more than just a legal victory. We stood our ground, and we won.”
The ruling followed lawsuits filed in 2023 by Texas, Oklahoma, and Kansas, as well as a coalition of oil and gas industry groups, challenging the Fish and Wildlife Service’s decision. The plaintiffs argued the federal agency failed to justify the listings and that the designations would harm agriculture and energy development in the region.
Under the Trump administration, the Fish and Wildlife Service had already determined that its prior analysis lacked “adequate justification and analysis” to support the two distinct population segment listings. Counts agreed, granting vacatur and remand, while also denying motions to intervene. The judge wrote that a remand alone would not correct the agency’s “fundamental error” in listing the species as endangered and threatened.
Miller reaffirmed his commitment to defending Texas agriculture from what he called “reckless misuse of federal law.” He said his office would continue monitoring any future federal action involving the lesser prairie-chicken.
“This ruling proves when Texans stand up and fight, we win,” Miller said. “We can protect our natural resources and still make sure Texas landowners can continue working without the heavy hand of bad federal policy holding them back.”
Rep. Tracey Mann, R-Kan., also welcomed the decision, posting on X that Kansas producers have always been “the original conservationists of the land.”
“The District Court of West Texas’ ruling to remove the lesser prairie-chicken from the endangered and threatened species list honors their stewardship of the land and acknowledges the facts on the ground,” Mann said. “This ruling is a win for Kansas agricultural and energy producers and a huge loss for radical climate activists and bureaucrats who have abused the Endangered Species Act for over a decade to hurt American agriculture and energy production.”
The lesser prairie-chicken, a grouse-like bird native to the southern Great Plains, has long been at the center of disputes between conservation groups and agriculture and energy interests. Conservationists argue that habitat loss has significantly reduced the bird’s numbers, while opponents say listing the species imposes costly restrictions with little benefit.
