Attorney General Ken Paxton (R) announced a settlement that vacates the Biden administration's endangered species listing for the dunes sagebrush lizard, requiring federal officials to reevaluate the decision under the Endangered Species Act.
Endangered Species Listing Vacated
Texas AG Ken Paxton announced that his office has secured a settlement vacating and remanding the Biden administration's decision to list the dunes sagebrush lizard as an endangered species.
Paxton argued that the designation unlawfully threatened Texas' oil and gas industry and failed to comply with federal law. The settlement requires the U.S. Fish and Wildlife Service (USFWS) to reevaluate the listing under the standards outlined in the Endangered Species Act.
Why did Texas challenge the listing
In September 2024, Paxton sued the Biden administration, alleging the endangered listing violated both the Endangered Species Act and the Administrative Procedure Act.
According to the lawsuit, USDWS relied on data that did not meet the "best available science" standard and failed to follow its own internal listing policies. The lawsuit also argued that the agency made unsupported assumptions about the impact of oil and gas operations and provided insufficient guidance on which activities would violate the rule.
Federal Agency to Reevaluate Decision
As part of the settlement with the Trump administration, USFWS acknowledged that the previous review did not adequately account for habitat restoration efforts in Texas and New Mexico, resulting in an incomplete assessment of ongoing conservation work.
The agency will now conduct a new 12-month finding to determine whether listing the species as endangered is:
- Not warranted.
- Warranted.
- Warranted but precluded by higher-priority actions.
A final determination is expected within 24 months of the settlement's entry.
What Paxton is saying
AG Ken Paxton: "The Biden Administration overlooked vital data when it unlawfully listed the dunes sagebrush lizard as endangered."
AG Paxton continued: "I am grateful that the Trump Administration has recognized this mistake and has committed to reevaluating the listing decision under the proper framework as established by the Endangered Species Act."
What Happens Next?
With the previous listing vacated, the endangered species designation will no longer remain in effect while the federal review is conducted. Paxton said his office will continue monitoring the USFWS review to ensure any future determination is based on sound science and complies with federal law.
