The State of Texas sued the U.S. Fish & Wildlife Service (FWS), challenging FWS’ Endangered Species Act (ESA) rule listing two lesser-prairie-chicken populations as threatened and endangered. Texas alleges that the rulemaking is an arbitrary and capricious attempt to interfere with energy development and is seeking vacatur of the final rule and declaratory judgment that the rule violates the ESA, the Administrative Procedure Act, and the National Environmental Policy Act.
[To accompany Federal Court Case Law Update "Texas Sues FWS Over ESA Protections for Lesser Prairie Chickens" from Brooks Animal Law Digest Issue No. 182]