Date Filed: June 5, 2017
Original Court: U.S. District Court for the Western District of Texas
Appeals: U.S. Court of Appeals for the Fifth Circuit
Case Status: Victory
In 2015, TPPF filed a petition with the U.S. Fish and Wildlife Service to remove the golden-cheeked warbler, a migratory songbird that nests only in Texas, from the endangered species list. The petition cited evidence of ample warbler populations and habitat and pointed out flaws in the original 1990 decision to list the warbler. The government denied the petition in 2016.
The warbler’s listing severely restricts activities in the Central Texas woodlands, where the State of Texas owns land. The General Land Office of Texas (GLO) is charged with managing state-owned land to provide revenue for education and veteran services. CAF represented GLO in this suit to delist the warbler.
The district court ruled in favor of the government. On appeal, the Fifth Circuit agreed with GLO, holding that the Fish and Wildlife Service applied an improperly high standard when reviewing TPPF’s petition. The Fifth Circuit vacated the Fish and Wildlife Service’s denial and directed it to reconsider TPPF’s petition.
Case Documents:
Plaintiff’s Motion for Summary Judgment
Federal Defendants’ Cross Motion for Summary Judgment
Plaintiff’s Opposition to Defendants’ Cross Motion for Summary Judgment
Federal Defendants’ Reply in Support of its Cross Motion for Summary Judgment
Opinion and Order Granting Federal Defendants’ Motion for Summary Judgment