The U.S. District Court for the Western District of Texas has vacated the U.S. Fish and Wildlife Service’s 4(d) special rule for the northern distinct population segment of the lesser prairie-chicken. The court ruled that the agency failed to consider economic impacts when issuing the rule, an omission deemed legally deficient under both the Endangered Species Act (ESA) and the Regulatory Flexibility Act.
"This victory is a triumph for New Mexico's hardworking ranchers and energy producers," said Pat Woods, Senate Republican Whip. "The Court's decision supports the vitality of our state's agricultural and oil and gas sectors, which are the backbone of our economy and way of life. It reflects a commonsense approach to balancing conservation with the needs of our communities."
According to Judge David Counts, the Fish and Wildlife Service did not meet the "necessary and advisable" standard under ESA Section 4(d), nor did it conduct a Regulatory Flexibility Act analysis evaluating impacts on small entities and exploring less burdensome alternatives. This failure necessitated vacatur of the rule.
Pat Woods, Senate Republican Whip, said that this decision is a significant victory supporting New Mexico's agricultural and oil-and-gas sectors by advancing a balance between conservation and economic needs.
The ruling is seen as a pivotal win by New Mexico’s rural leadership, bolstering industries that operate across the lesser prairie-chicken’s habitat. These industries have expressed concern over regulatory constraints stemming from federal protections.
The New Mexico Cattle Growers’ Association, representing ranchers and livestock producers, coordinated opposition among both public and private stakeholders against the listing—a contribution explicitly acknowledged in Woods' joint statement.
This decision highlights the necessity for federal wildlife protections to be scientifically sound and economically grounded. Agencies must ensure compliance with statutory mandates like ESA Section 4(d) and the Regulatory Flexibility Act or risk having their rules overturned in court.
