Texas judge says ESA listing for lesser prairie chicken is a no-go

 A federal district judge in Midland, Texas threw a high hard one Wednesday when he invalidated the listing of the lesser prairie chicken under the Endangered Species Act (ESA).

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by Burt Rutherfordvia Beef Magazine

Ruling invalidates ESA listing for the lesser prairie chicken.A Handbook for Ranch Managers

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A federal district judge in Midland, Texas threw a high hard one Wednesday when he invalidated the listing of the lesser prairie chicken under the Endangered Species Act (ESA). U.S. District Judge Robert Junell found that the U.S. Fish and Wildlife Service (FWS) didn’t consider its own rules in considering the conservation efforts of landowners in the five states where the bird resides.Environmental & Natural Resource Economics: The Austrian View

The suit was filed by the Permian Basin Petroleum Association and four counties in New Mexico. The plaintiffs alleged that FWS didn’t follow its own rules for evaluating conservation efforts when it made the decision to list the lesser prairie chicken, didn’t properly explain its decision and didn’t respond to plaintiff’s concerns. While the judge agreed with the plaintiffs on the first point, he ruled in favor of FWS on the other two, according to the Oklahoma Farm Report.

Combat Shooter's Handbook Reconnaissance Marine MCI 03.32f: Marine Corps Institute The Betrayed: On Warriors, Cowboys and Other MisfitsHowever, the ruling on the first point, that FWS “arbitrarily and capriciously” listed the lesser prairie chicken as a threatened species, is sufficient to block the listing.

The Essence of Liberty: Volume I: Liberty and History: The Rise and Fall of the Noble Experiment with Constitutionally Limited Government (Liberty and ... Limited Government) (Volume 1)  The Essence of Liberty: Volume II: The Economics of Liberty (Volume 2) The Essence of Liberty: Volume III: A Universal Philosophy of Political Economy (Liberty: A Universal Political Ethic) (Volume 3)Populations of the lesser prairie chicken are found in portions of five states—Kansas, Colorado, New Mexico, Oklahoma and Texas. FWS listed the bird as threatened last year due to declines in the bird’s population. However, aerial surveys estimate the population around 29,162 in 2015, up from 23,363 in 2014 and 19,643 in 2013.

Following the announcement last year that FWS would list the lesser prairie chicken as threatened, several state attorneys general filed suit, as did several agricultural organizations in the affected states. The status of those suits is unclear.

“The combination of replenishing rains and strategic habitat management practices by landowners, we believe, has boosted numbers of this bird,” says Texas Farm Bureau President Russell Boening. “This ruling serves as a warning that these efforts need to be considered before attempts for listing species as threatened or endangered are made.”


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About Land & Livestock Interntional, Inc.

Land and Livestock International, Inc. is a leading agribusiness management firm providing a complete line of services to the range livestock industry. We believe that private property is the foundation of America. Private property and free markets go hand in hand—without property there is no freedom. We also believe that free markets, not government intervention, hold the key to natural resource conservation and environmental preservation. No government bureaucrat can (or will) understand and treat the land with as much respect as its owner. The bureaucrat simply does not have the same motives as does the owner of a capital interest in the property. Our specialty is the working livestock ranch simply because there are so many very good reasons for owning such a property. We provide educational, management and consulting services with a focus on ecologically and financially sustainable land management that will enhance natural processes (water and mineral cycles, energy flow and community dynamics) while enhancing profits and steadily building wealth.
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