Texas Attorney General Ken Paxton notified the Biden Administration of Texas’s intent to sue the U.S. Department of the Interior and the U.S. Fish and Wildlife Service (“Service”) over the unlawful listing of the dunes sagebrush lizard under the Endangered Species Act (“ESA”).

The ESA requires the Service to make its listing determinations solely based on the best available data. In this instance, the Service relied on flawed assumptions about oil and gas development and unfounded speculation about climate concerns. Further, the dunes sagebrush lizard is protected by existing conservation efforts agreed to by Texas landowners. These existing agreements address conservation priorities while safeguarding private property rights and enabling economic development within the Permian Basin. By disregarding existing conservation efforts, the Biden Administration’s action undermines the property rights of Texas landowners.

With this listing, the Service blatantly violated the ESA and the Administrative Procedure Act. Attorney General Paxton’s letter warned the Biden Administration that if it does not withdraw the unlawful rule within 60 days he will sue. 

“The Biden Administration has sought countless ways to weaponize federal power to harm Texas’s oil and gas industries. My office is prepared to take action to protect the Texas economy, preserve Texans’ private property rights, and maintain our State-guided conservation efforts that protect our environment,” said Attorney General Paxton.

To read the notice letter, click here.