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TX Officials File Lawsuit Against Biden Administration Over Endangered Species Law

 September 25, 2024

The state of Texas has filed a lawsuit against the federal government's U.S. Fish and Wildlife Service (USFWS), challenging the decision to classify the Dunes Sagebrush Lizard (DSL) as an endangered species.

Texas officials argue that the Biden-Harris administration move threatens the state’s oil and gas industry and could jeopardize crucial educational funding, as Fox News reports.

At the heart of the legal dispute is the contention by the Texas General Land Office (GLO) that the USFWS violated the Endangered Species Act (ESA) in its decision-making process. The GLO asserts that the DSL does not meet the criteria for endangered species status and argues that this designation will have widespread economic ramifications.

Economic Concerns Over Lizard's Status

Dawn Buckingham, Commissioner of the GLO, has expressed concerns over the potential impact of the endangered classification on Texas' energy-rich economy. She believes that the decision will severely affect oil and gas production in the state, leading to significant job losses and reduced revenue streams.

One of the major concerns outlined in the lawsuit is the potential reduction of funding for the Permanent School Fund (PSF) and the Permanent University Fund (PUF), both of which rely on revenue generated from the state’s oil and gas leases. According to Buckingham, these funds are vital for supporting Texas public education and universities.

“This weaponization of the Endangered Species Act by the Biden-Harris Administration is an attempt to undermine Texas, cripple our energy-rich economy, and stifle our children’s education funding,” Buckingham stated.

Texas Criticizes Federal Wildlife Agency's Process

The GLO has laid out several criticisms of the USFWS's decision. One key argument is that the agency ignored Texas' previous conservation efforts, which were aimed at protecting the DSL population without federal intervention. According to state officials, these voluntary measures have been effective, and the agency's failure to consider them shows a disregard for local initiatives.

Additionally, the lawsuit claims that the USFWS offered no solid evidence to justify a reversal of its 2012 finding, which concluded that the Dunes Sagebrush Lizard did not qualify as endangered or threatened. Texas officials maintain that this earlier conclusion was based on thorough scientific review and should remain valid.

The state also argues that the USFWS overlooked population data that shows an increase in DSL numbers in recent years, further weakening the case for endangered status.

Impact on Jobs and Education Highlighted

Buckingham has emphasized that the potential job losses stemming from the endangered classification could be catastrophic for many communities across Texas, where the oil and gas industry is a major economic driver. She also expressed concerns about how the reclassification might diminish Texas' ability to fund its public schools and universities, which rely heavily on energy revenue.

“As a mom, I know our children are the leaders and workforce of tomorrow. Ensuring they have a quality education is one of my top priorities,” Buckingham said. She also noted that a significant portion of the state’s public education funding comes from the vast oil-rich lands managed by her office.

Buckingham vowed to take all necessary actions to protect Texas' economy and education system, stating, “I will use all tools at my disposal to fight back and ensure Texas remains the best place to live, work and raise a family.”

Legal Dispute Focuses on Environmental Law

Texas' lawsuit is framed as a broader critique of what state leaders perceive as the overreach of federal environmental law. According to the lawsuit, the Biden-Harris administration is using the Endangered Species Act to impose regulations that could limit the state's energy sector and disrupt its economic stability.

The GLO contends that federal regulations could severely limit the ability to develop land in areas where the DSL is found, directly affecting oil exploration and drilling operations. Such restrictions could, in turn, have a ripple effect on industries that depend on Texas’ oil and gas production.

Texas Aims to Reverse the USFWS Decision

The lawsuit seeks to reverse the USFWS’s decision and prevent the Dunes Sagebrush Lizard from being listed as an endangered species. Texas is expected to challenge the agency’s decision-making process in court, arguing that it failed to follow legal protocols and relied on incomplete or outdated information.

State officials have made it clear that they view this case as a critical issue for Texas' future, particularly in terms of preserving its status as a leading energy producer and maintaining its ability to fund public education.

Conclusion: Texas Readies for Battle

In conclusion, the state of Texas has filed a lawsuit against the Biden-Harris administration’s USFWS, challenging the classification of the Dunes Sagebrush Lizard as an endangered species.

Texas officials argue that the decision violates the Endangered Species Act and threatens the state’s economy, job market, and educational funding.

GLO Commissioner Dawn Buckingham has vowed to use all available resources to contest the federal government’s move, citing the potential harm to both the energy sector and public education.

Texas contends that the USFWS failed to consider key evidence, including voluntary conservation efforts and population trends, and hopes to reverse the decision in court.