Attorney General Paxton filed a lawsuit against Biden’s Fish and Wildlife Service (“Service”) and Department of the Interior (“Interior) to challenge the federal government’s listing of the Lesser Prairie-Chicken so that Texas can protect and manage its own natural resources.  

“Under President Joe Biden, the executive branch has instituted a number of arbitrary policy changes intended to reduce states’ autonomy and undermine energy development. This rule is no different,” said Attorney General Paxton. “The Lesser Prairie-Chicken’s change in classification puts many of Texas’s conservation efforts at risk, all while bringing immeasurable harm to Texans’ property rights. My lawsuit aims to preserve both individual and states’ rights that are threatened by this rule and stop this Biden Administration policy in its tracks.”  

The Biden Administration’s decision to list the Lesser Prairie-Chicken as “threatened” and “endangered” across large portions of Texas would force property owners to comply with new federal regulations wherever the chickens are present. Emblematic of the Biden Administration’s disregard for states’ rights, individual liberty, and federal laws designed to prevent this sort of infringement, the listing changes were made unlawfully.  

Among the laws broken by the new classifications are the Endangered Species Act, Administrative Procedure Act, and the National Environmental Policy Act, each of which require the federal government to extensively consider numerous factors before changes to listings are made. Neither these important factors, nor the conservation efforts of Texas, other states, and various private actors, were considered.  

Prior to filing the lawsuit, Attorney General Paxton issued a Notice of Intent to begin the process of suing the Biden Administration.  

To read the full lawsuit, click here.