USFWS must reconsider Golden-cheeked Warbler status, again

[Laura Bies]

A federal court heard in Texas has ruled that the U.S. Fish and Wildlife Service must reconsider its most recent 90-day finding regarding the status under the Endangered Species Act of the Golden-cheeked Warbler (Setophaga chrysoparia). In the case, brought by the Texas General Land Office against the U.S. Department of the Interior, the petitioners argue that the agency should have re-evaluated the bird’s status after 90-day period that ended almost a decade ago.

The Golden-cheeked Warbler was first listed as endangered in 1990. In 2015, the Texas Public Policy Foundation submitted a petition to the USFWS requesting that the golden-cheeked warbler be delisted. In 2016, the agency determined that “the petition does not provide substantial scientific or commercial information indicating that the petitioned action may be warranted.” The following year, the General Land Office filed suit, challenging that determination. In 2019, a district court upheld that decision. But on appeal, that decision was reversed. In response to that decision, the USFWS issued another 90-day finding, determining again that the petition did not warrant action by the agency. The current lawsuit is a result of a challenge of that decision.

On September 5, the court found that the USFWS was arbitrary and capricious, and did not properly consider the petition asking for delisting. Thus the agency must again evaluate the petition first submitted in 2015 and issue a new determination.

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