TPPF and Department of Justice jointly oppose environmental groups’ motion to intervene into warbler lawsuit

AUSTIN – On Tuesday, the Texas Public Policy Foundation representing the Texas General Land Office filed formal opposition to a motion to intervene by environmental groups in the case of General Land Office of the State of Texas v. United States Fish & Wildlife Service, et. al. According to a 2015 study published by the Texas A&M Institute of Renewable Natural Resources, the warbler no longer is endangered or threatened. In fact, the A&M study estimates the warbler population as being 19 times greater and having a habitat of five times larger than when the bird was listed under the Endangered Species Act.
 
“The oppositions filed by TPPF and DOJ show that environmental special interest groups no longer dictate federal Endangered Species Act policies. Nor, is it their role to do so,” Robert Henneke, general counsel and director of the Center for the American Future at Texas Public Policy Foundation said. “This case rests on adherence to the Endangered Species Act (ESA) and respect for the rule of law. These issues are adequately represented by the named parties in the lawsuit, and will be decided by the courts—not these liberal advocacy groups.”
 
The Texas Public Policy Foundation moved for denial of the applicant’s petition to intervene arguing that the defendants adequately represented the U.S. Fish & Wildlife Service’s interest under the ESA.

"Once again, the usual set of environmental advocacy groups is seeking to intervene where no intervention is necessary,” Ted Hadzi-Antich, senior attorney with the Center for the American Future at Texas Public Policy Foundation, said. “The warbler will do just fine without the intervention, which would only prolong a just resolution of the claims made by the Texas General Land Office.”
 
The Texas General Land Office oversees investments, including more than 13 million acres of state lands, which earn billions of dollars for Texas schoolchildren.

The golden-cheeked warbler is a small songbird which breeds exclusively in Central Texas. The bird was listed as an endangered species in 1990. 

To learn more and read the filings visit: texaspolicy.com

For more information or to request an interview with Mr. Henneke or Mr. Hadzi-Antich, please contact Alicia Pierce at [email protected] or 512-472-2700.

The Honorable Robert Henneke is general counsel and director of the Center for the American Future at Texas Public Policy Foundation.

The Texas Public Policy Foundation is a non-profit free-market research institute based in Austin. The Texas Public Policy Foundation aims to advance a societal framework that effectively fosters human flourishing based upon cooperation and mutually beneficial exchange of ideas and speech.