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Texas AG sues Biden admin over dunes sagebrush lizard’s endangered status


Texas Attorney General Ken Paxton has filed a lawsuit against the Biden administration, alleging that officials violated the Endangered Species Act by designating the dunes sagebrush lizard under it. Paxton claims the reptiles have been “unlawfully” classified as endangered, a move he says is designed to limit oil and gas development in Texas, where the lizard’s habitat overlaps with key energy production sites.

“The Biden-Harris administration’s unlawful misuse of environmental law is a backdoor attempt to undermine Texas’s oil and gas industries which help keep the lights on for America,” Paxton said in a statement. “I warned that we would sue over this illegal move, and now we will see them in court.”

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The lawsuit targets the U.S. Fish and Wildlife Service (USFWS), the Department of the Interior, and other federal authorities. Paxton argues that Texas is already managing conservation efforts for the species at the state level, and that federal intervention leaves private landowners and businesses uncertain about what areas fall under protection.

“Because of this, the federal government’s action would unduly undermine vital economic development in the Permian Basin, subjecting Texas industries and private landowners to regulatory uncertainty and ambiguity about what they can do with their own land,” Paxton’s office said in a statement.

The federal government’s decision to list the lizard as endangered has also faced opposition from other Texas officials, with Sen. Ted Cruz introducing a bill in July to remove the species from the endangered list, though the effort failed.

The dunes sagebrush lizard, which has seen its habitat decline by nearly 50% since 1982, was officially listed as endangered in June. The USFWS states that this decline, accelerated by oil and gas activity, has left the species “functionally extinct” in 47% of its known habitat.

The species’ range sits atop one of the busiest oil fields in the U.S., and opening new wells in this region could reduce the lizard population by half within a 250-meter radius of drilling sites, according to federal data.

The USFWS, however, contends that horizontal drilling provides a way for companies to access oil and gas deposits without disturbing the lizard’s habitat. The agency highlighted that 100 oil and gas operators have also agreed to adopt conservation practices to minimize harm to endangered species in the region.

USFWS said in a statement: “Conservation efforts for imperiled species can be greatly expanded through collaborative approaches that foster cooperation and the exchange of ideas among stakeholders.”

The lawsuit comes as the federal government is still working to clarify which areas of Texas will be subject to the new endangered species protections. If the protections remain in place, oil and gas operators could face fines up to $50,000 for violations, and individuals could face criminal penalties and jail time for conducting activities in restricted areas.

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BIDEN ADMINISTRATION OFFICIALS ARE BEING SUED OVER CLAIMS THEY VIOLATED THE ENDANGERED SPECIES ACT.

THIS SUIT PUSHES BACK ON THE ASSERTION THAT THESE CREATURES, THE DUNES SAGEBRUSH LIZARD, ARE AT RISK.

TEXAS ATTORNEY GENERAL KEN PAXTON IS RESPONSIBLE FOR BRINGING THESE LEGAL PROCEEDINGS FORWARD.

IN THE LAWSUIT HE ACCUSES WHITE HOUSE AUTHORITIES, THE U.S. FISH AND WILDLIFE SERVICE, AND THE DEPARTMENT OF THE INTERIOR OF ILLEGALLY CLASSIFYING THE LIZARDS AS ENDANGERED.

PAXTON ARGUES THIS DESIGNATION IS A MISUSE OF ENVIRONMENTAL LAW-
AIMED AT UNDERMINING OIL AND GAS DEVELOPMENT IN THE STATE.

HE SAYS TEXAS IS ALREADY MANAGING THE CONSERVATION OF THESE ANIMALS AT A STATE LEVEL-

THE ATTORNEY GENERAL’S SUIT CLAIMS PRIVATE RESIDENTS AND BUSINESSES ARE BEING LEFT IN LIMBO UNDER CURRENT FEDERAL REGULATIONS. PAXTON ARGUES THAT THE AGENCIES ARE TOO VAGUE IN THEIR DESIGNATION OF THE LIZARD’S HABITAT.

THE LITIGATION FOLLOWS A PREVIOUS ATTEMPT FROM TEXAS SENATOR TED CRUZ TO REVERSE THE LIZARD’S CONSERVATION STATUS-
INTRODUCING A BILL IN JULY THAT CALLED FOR A CONGRESSIONAL DISAPPROVAL OF THEIR ENDANGERED LISTING.

OFFICIALLY LISTED AS AN ENDANGERED SPECIES IN JUNE OF THIS YEAR-
LOCATIONS WHERE THE DESERT SAGEBRUSH LIZARD CAN BE FOUND HAVE DECLINED BY ALMOST HALF SINCE 19-82-
WHEN FEDERAL OFFICIALS FIRST IDENTIFIED THEIR NEED FOR PROTECTION.

THE REPTILE’S HABITAT IS LOCATED ON TOP OF ONE OF THE MOST ACTIVE OIL FIELDS IN THE UNITED STATES-
AND OPENING A SINGLE WELL CAN REDUCE THE LIZARD POPULATION BY NEARLY 50 PERCENT WITHIN A 250 METER RADIUS OF THE SITE.

HOWEVER, THE FISH AND WILDLIFE SERVICE SAYS OIL AND GAS COMPANIES CAN STILL USE HORIZONTAL DRILLING TO REACH DEPOSITS WITHOUT DISRUPTING THE LIZARDS’ HOME.

JACK ALYMER: THE AGENCY ALSO SAYING THAT 100 OIL AND GAS PARTNERS HAVE ALREADY AGREED TO USE CONSERVATION PRACTICES IN THEIR OPERATIONS TO PROTECT ENDANGERED SPECIES IN THE AREA.

A 2023 FISH AND WILDLIFE SERVICE ANALYSIS FOUND THE SPECIES IS NOW “FUNCTIONALLY EXTINCT” ACROSS 47 PERCENT OF ITS HABITAT.

AS THE LAWSUIT MOVES FORWARD, OIL AND GAS COMPANIES COULD INCUR FINES OF UP TO 50,000 DOLLARS AND individuals could end up facing PRISON TIME IF THEY OPERATE IN PLACES THE LIZARD INHABITS-
AREAS WHICH THE FISH AND WILDLIFE SERVICE SAYS ITS STILL WORKING TO IDENTIFY AS THOSE IN TEXAS WAIT FOR A FINAL DECISION.

FOR MORE STORIES ABOUT THE CONFLICTING INTERESTS BETWEEN ENERGY DEVELOPERS AND CONSERVATIONISTS – DOWNLOAD THE STRAIGHT ARROW NEWS APP AND SIGN UP FOR ALERTS FROM ME – JACK AYLMER.