MIDLAND, TEXAS—The Permian Basin Petroleum Association (PBPA) on Aug. 12 welcomed the ruling by the U.S. District Court for the Western District of Texas vacating the U.S. Fish and Wildlife Service’s (FWS) 2022 listing of the Lesser Prairie-Chicken (LPC) under the Endangered Species Act (ESA).
The decision follows FWS’s own admission that the listing rule was based on a “foundational error” in applying its Distinct Population Segment (DPS) policy, which directly undermined the legal and scientific basis for the listing. The Court agreed that such a significant defect required the rule to be set aside and remanded to the agency.
“This is an important victory for both sound science and for those that live, work, create jobs, and raise their family in the heart of the Permian Basin,” said PBPA President Ben Shepperd. “From the beginning, we have maintained that the 2022 listing was legally flawed, scientifically unsupported, and unnecessarily harmful to the communities, landowners, and industries that have long been committed to voluntary conservation efforts for the Lesser Prairie-Chicken.”
The Court’s order specifically recognized that:
- FWS failed to justify its conclusion that the two population segments it designated were “significant” under its DPS policy. This error was so fundamental that it invalidated the entire listing decision.
- Sixteen existing voluntary conservation programs already in place across the LPC’s range provide effective short-term protections for the species.
PBPA emphasized that industry, agriculture, and state agencies have invested millions of dollars over decades in proactive, voluntary measures to conserve habitat and support LPC recovery without the heavy hand of unnecessary federal regulation.
“This ruling reaffirms what we’ve said all along: collaboration and on-the-ground conservation are the only things that have been proven to work,” Shepperd added. “We look forward to continuing our partnerships with landowners, wildlife agencies, and conservation groups to protect the Lesser Prairie-Chicken while also safeguarding the livelihoods and energy security that the Permian Basin provides.”
The Court’s decision vacates the Final Rule titled “Endangered and Threatened Wildlife and Plants; Lesser Prairie-Chicken; Threatened Status With Section 4(d) Rule for the Northern Distinct Population Segment and Endangered Status for the Southern Distinct Population Segment” (87 Fed. Reg. 72674). FWS has stated it will conduct a new review and issue a revised finding by November 2026.
A Lesser Prairie Chicken in its natural habitat in New Mexico. PHOTO: WIKIMEDIA COMMONS
About PBPA
The Permian Basin Petroleum Association is the largest regional oil and gas association in the United States, representing the largest and smallest operators, service providers, and support service entities that operate in the Permian Basin of West Texas and Southeast New Mexico. PBPA is committed to promoting safe, responsible energy production and advocating for policies that support economic growth, environmental stewardship, and energy security.
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