The Fish and Wildlife Service on Thursday finalized a rule delisting two populations of the lesser prairie chicken under the Endangered Species Act.
The rule removes the northern and southern distinct population segments of the lesser prairie chicken from the federal list of endangered and threatened wildlife and rescinds a 4(d) rule that clarified “take” exceptions for the northern population.
The lesser prairie chicken was granted federal protection by the Biden Administration in 2022, and two separate lawsuits followed the next year challenging the decision. One was filed by the states of Texas, Oklahoma and Kansas, the other by oil and cattle industry groups, including the National Cattlemen’s Beef Association.
Judges in the U.S. District Court for the Western District of Texas last year issued orders vacated both the listing rule and the accompanying 4(d) rule.
NCBA President Gene Copenhaver applauded FWS’s delisting decison. In a press release, he said "the ESA listing of the lesser prairie-chicken, coupled with the designation of critical habitat across cattle country, created an unnecessary and unlawful burden for ranchers.”
"Grazing creates robust, sustainable habitat for the bird, and by removing this listing, the Trump administration is helping ranchers continue that stewardship,” Copenhaver said. "NCBA engaged with multiple administrations, Congress, and the federal court system for years to defend cattle producers from this overreaching, unscientific rule, and we are glad it is finally removed."
Jason Rylander, the legal director at the Center for Biological Diversity’s Climate Law Institute, decried the decision in a press release.
"It’s shameful that the Trump administration sees fit to sacrifice these magnificent birds for oil and gas industry profit,” Rylander said. “Lesser prairie chickens may be lost forever without Endangered Species Act protections. We’re fighting this foolish decision to make sure they get them.”
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