Texas threatens to sue Biden over ‘illegal, top-down’ environmental regulations threatening farmers and energy producers

Texas became the latest state on Monday to threaten to sue the Biden administration over a conservation rule that could harm landowners, farmers and energy producers in five states.

The Office of Texas Attorney General Ken Paxton has filed a Notice of Intent with the Department of the Interior (DOI) and the Fish and Wildlife Service (FWS) over a recent ruling protecting the little prairie chicken, a species listed in some parts of the state as under the threat of extinction. Texas and endangered elsewhere in the state. The attorney general said the ordinance violated federal law, did not take into account state conservation measures, and could be burdensome for state property owners.

“I will not tolerate the efforts of the Biden administration to grossly violate Texan property rights and end our efforts to preserve Texas wildlife,” Paxton said in a statement.

“This rule was a deliberate attempt to introduce an illegal federal top-down approach to promote a radical environmental program that would crush the type of economic development that helps fund environmental efforts,” he continued. “It won’t fly in Texas.”

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According to Paxton’s office, the Endangered Species Act requires the FWS to take a number of steps, including conducting an impact study and considering a wide range of variables, before classifying a species as threatened or endangered. According to Paxton, such federal requirements never applied prior to the listing of Little Prairie chickens.

The rule also jeopardizes the “significant conservation efforts” that stakeholders led by Texas, private landowners and private groups have already undertaken to protect chicken species.

“Combining this disregard for federal law, the overly vague nature of the rule, and the failure to comply with the legally required notice of proposed rulemaking, the new rule represents yet another example of the Biden administration’s willingness to prioritize excessive executive intervention over state … directed management and conservation of wildlife and natural resources.” , Paxton’s office said.

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Kansas Attorney General Chris Kobach similarly announced last week that he would sue the Biden administration over the rule, saying it was illegal and would have a “devastating effect on Kansas ranchers, Kansas oil producers, and Kansas wind farms.”

In November, FWS, the DOI sub-agency tasked with managing the country’s wildlife populations and habitats, announced that it would list little steppe chickens after “a thorough review of the best available scientific and commercial information.”

“The declining number of little prairie chickens is a sign that our native pastures and prairies are in danger. These habitats support wildlife diversity and are valued for water quality, climate resilience, grazing, hunting and recreation,” said Amy Lueders, FWS Southwest Regional Director. while.

A male small prairie hen is on display in Edwards County, Kansas on April 18, 2014. (Michael Pierce/Wichita Eagle/MCT via Getty Images)

The listing raised concerns among lawmakers, farmers and energy developers that the listing, which effectively blocks millions of acres in five states to protect the species, could negatively impact business. The Texas-based Permian Basin Petroleum Association previously won a lawsuit against the FWS under the Obama administration, arguing that the chicken-protecting rule did not adequately address local conservation efforts.

Tens of millions of dollars have been spent to protect the species in recent years, according to the group’s then president.

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“The Biden administration has decided to continue its offensive against Texas energy and agricultural producers by classifying the little prairie chicken as an endangered species. This decision will hurt our local and state economies and make it even more difficult to extract oil and gas in the midst of an energy and economic crisis,” said Rep. August Pfluger, Texas, member of the House Energy and Commerce Committee.

“President Biden must move away from over-regulation and focus on uncovering American energy dominance,” he added. “The federal government must do this in a balanced way through ongoing conservation efforts at the local and state levels. We can protect important species without destroying our local and rural communities.”

Rep. August Pfluger, of Texas, accused President Biden of “over-regulating” in response to the designation of the chicken species. (AP Photo/Patrick Semansky)

In response to pressure from industry groups, government officials and lawmakers such as Pfluger, the FWS has delayed the rule from late January until March 27, 2023. The agency attributed the delay to “avoid confusion and disruption for landowners, federal partners and industry.” .”

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“The U.S. Fish and Wildlife Service has delayed the introduction of a rule to list prairie chickens as an endangered species, giving our farmers more time to prepare and receive recognition for their conservation efforts,” Rep. Ronnie Jackson, R-Texas. House Committee on Agriculture, said Jan. 26.

“If this rule is passed, the Texas agricultural community will be devastated, hurting an industry that has already been scrutinized by Biden’s radical green agenda. This victory is a direct result of Republicans’ tireless efforts to protect the livelihoods of our farmers. continue to stand firm, fighting first of all for the well-being of our country against the power-hungry regime.”

The FWS did not immediately respond to a request for comment.