On June 5, 2017, The Texas General Land Office (TXGLO), represented by lawyers from the Texas Public Policy Foundation, sued the U.S. Department of the Interior and the U.S. Fish and Wildlife Service (Service) regarding the status of the golden-cheeked warbler (Warbler) as an endangered species. The lawsuit states:
- The Service has failed to designate critical habitat since the warbler’s listing more than 25 years ago,
- The Service did not follow its own rules in the 90-Day Finding for the 2015 Petition to Delist, and
- The Service has failed to look at the best scientific data available.
The lawsuit requests relief in the form of:
- The court declaring the final rule listing violated the Service’s nondiscretionary duty because they failed to designate critical habitat and that the final rule is unlawful,
- The court declaring the 90-Day Finding on the Petition to Delist violated the law by failing to consider the best scientific data available, and
- The Court declaring the final rule listing unlawful, and that the refusal to delist the warbler is unlawful because Defendants failed to comply with NEPA.
The TXGLO claims that the warbler’s listing significantly impacts the market value of certain TXGLO lands diminishing their ability to receive revenue from Texas public lands for the benefit of Texas schoolchildren.