Federal Court Rules on Fate of Prairie-Chicken

A U.S. District judge on Aug. 12 ruled in favor of Oklahoma, Texas and Kansas, finding that the U.S. Fish and Wildlife Service committed a “foundational error” when it declared the prairie-chicken endangered in 2022.

Texas Agriculture Commissioner Sid Miller in a press release praised the ruling from U.S. District Judge David Counts of the Western District of Texas, who issued the order reversing the U.S. Fish and Wildlife Service’s (FWS) decision to list the lesser prairie-chicken as endangered and threatened.

“This is a big win for Texas, and one we fought hard to get,” Miller says. “From day one, I’ve pushed back against Biden’s federal overreach because it was wrong for our farmers, ranchers and rural communities. This court decision is more than just a legal victory. We stood our ground, and we won.”

Under the Trump administration, FWS determined that it previously failed to provide “adequate justification and analysis” to support identifying two designated population segments of lesser prairie-chicken.

Judge Counts granted the motion for vacatur and remand, finding that remand alone would not correct the agency’s fundamental error in listing the species as endangered and threatened. The court denied all motions to intervene.

About the Prairie Chicken

The lesser prairie-chicken is a bird historically found in parts of Colorado, Kansas, Oklahoma, Texas and New Mexico. The bird has faced both habitat loss and population decline since the 1960s and has found itself the subject of proposed Endangered Species Act protections.

According to Tiffany Lashmet, Texas A&M agricultural law Extension specialist, in 2014 FWS listed the lesser prairie-chicken as threatened under the Endangered Species Act. Numerous lawsuits were filed, and the listing was ultimately vacated by the U.S. District Court for the Western District of Texas in 2015.

In 2016, another petition was filed with FWS to list the lesser prairie-chicken under the Endangered Species Act. In 2022, the FWS finalized a rule listing the Northern Distinct Population Segment as threatened and the Southern Distinct Population Segment as endangered. In March 2023, the State of Texas and the Permian Basin Petroleum Association filed suit challenging the listing. Specifically, they claimed the listing violated both the Endangered Species Act and the Administrative Procedures Act.

Lashmet says following the administration change in January 2025, the FWS reevaluated the listing and found it erred in passing the final rule listing the lesser prairie-chicken.

“FWS now believes it erred by failing to provide sufficient justification to have two population segments of the lesser prairie-chicken, which then affected the assessment of extinction risk to the species,” she says. “This, FWS believes, was a significant error justifying immediate vacatur of the listing decision. FWS moved for a voluntary vacatur and remand of the listing rule. Several groups sought to intervene in the lawsuit to defend the listing rule.”

The Decision

Lashmet explains the court addressed two separate issues: the proper remedy and the motions to intervene.

“This case is extremely important for landowners, agricultural producers, oil and gas companies, and others across the portions of the United States where the lesser prairie-chickens are located, including Texas, New Mexico, Colorado, Oklahoma and Kansas,” Lashmet says. “As of now, the lesser prairie-chicken is not listed under the Endangered Species Act, and there is no threat of liability under the Endangered Species Act for a ‘take’ of these animals.”

She says the story is not over.

“The FWS will now reconsider the 2016 application to have the lesser prairie-chicken listed,” she says. “It will determine how properly to view the distinction population segment, and then analyze the various factors required under the Endangered Species Act in making its listing decision. The FWS told the court it expected to have this completed by November 2026.”