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Texas Attorney General Ken Paxton Challenges Biden Administration in Court Over Endangered Species Act Listing

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Published on September 24, 2024
Texas Attorney General Ken Paxton Challenges Biden Administration in Court Over Endangered Species Act ListingSource: Unsplash/David Santoyo

Texas Attorney General Ken Paxton is taking a stand against the Biden Administration with a new lawsuit that targets federal actions impacting the state's oil and gas industries. Paxton's suit, filed against the U.S. Department of the Interior and the U.S. Fish and Wildlife Service, asserts the government has unlawfully listed the dunes sagebrush lizard as an endangered species under the Endangered Species Act (ESA), doing so without proper reliance on the best scientific and commercial data available.

According to the Texas Attorney General's Office, the designation of the lizard is fraught with inaccuracies and arbitrary assumptions that disregard existing conservation efforts at the local and state level; these efforts already show commitment to the species while maintaining economic growth. Such a designation, Paxton argues, introduces undue regulatory uncertainty for Texas industries and for private landowners concerned about the use of their land. In a lawsuit seeking both clarity and recompense,

On July 25, well ahead of the lawsuit, Paxton had issued a warning to the administration, pointing out that the listing violated the ESA and threatened legal action if the classification was not rescinded. No reversal having been forthcoming, the lawsuit was initiated with the intent to have the courts find the agencies' actions as arbitrary and in violation of both the Administrative Procedure Act and the ESA.

"The Biden-Harris Administration’s unlawful misuse of environmental law is a backdoor attempt to undermine Texas’s oil and gas industries which help keep the lights on for America," said Attorney General Paxton, his statement reflecting a profound concern for the possible impact on a vital sector of the Lone Star State's economy. The full text of Paxton's statement and details of the suit were published by the Texas Attorney General's Office yesterday.