General Land Office, Texas Public Policy Foundation Sue Biden Administration on latest attack on Texas public lands – Orange Leader
AUSTIN—Today, the General Land Office (GLO) and the Texas Public Policy Foundation (TPPF) announced a federal lawsuit against the Biden administration. Lawsuit claims US Department of Home Affairs and US Fish and Wildlife Service (FWS) violated a Fifth Circuit order by imposing the wrong legal standard by considering delisting the Golden-cheeked Warbler from the law on endangered species (ESA). Failure to comply with this ordinance threatens revenue received from Texas public lands managed by the GLO, a critical source of revenue for the Permanent School Fund (PSF).
“By ignoring a court order, the Biden administration is knowingly trying to circumvent state sovereignty and further threaten Texas’ management of our public lands,” said Texas Land Commissioner George P. Bush. “I will continue to use every legal tool in our arsenal to combat this regulatory threat to our lands. The GLO and TPPF have successfully defended Texas property rights in the past, and I have no doubt that the courts will continue to stand with the Texans.
“The Biden administration’s refusal to follow federal law to remove the warbler from the list has nothing to do with conservation. Current science proves that the warbler has recovered, ”said Robert Henneke, Legal Director and Managing Director of TPPF. “The Service’s discovery shows utter contempt for Texans who are just trying to live their lives and own property.”
The GLO and TPPF successfully sued the Home Office in 2017 to have the species removed from the ESA list. Texas won a Fifth Circuit vacatur that ordered the federal government to review its 90-day rule-making process that classified the Golden-cheeked Warbler as endangered. The court determined that the Home Office had failed to consider several findings about habitat and population growth and that the agency should review the rules for species native to Texas.
This new trial accuses the Biden administration, in particular the US Department of the Interior and the US Fish and Wildlife Service, of failing to comply with this order.
The lawsuit was filed in Federal Court for the Western District of Texas. The trial and associated documents are available here.