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Why Texas Is Suing the Biden Administration Over an Endangered Species Listing

Over the summer, Texas Attorney General Ken Paxton warned the Biden administration about its “unlawful weaponization of environmental law” after the government listed the dunes sagebrush lizard under the Endangered Species Act. At the time, Paxton argued the U.S. Fish and Wildlife Service based its decision on “flawed assumptions” about the oil and gas industry in the state as well as “unfounded speculation” about the climate. The state AG also noted that conservation efforts have already been undertaken at the state and local level. 

“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,” the attorney general’s office said in a press release. 

The government was given a 60 day warning to withdraw the listing, after which Paxton vowed to sue.

That time has now come. On Monday, Texas sued the Department of the Interior, U.S. Fish and Wildlife Service, and administration officials.

“The Biden Administration has sought countless ways to weaponize federal power to harm Texas’s oil and gas industries,” he said in a statement. “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.”