TPPF defeats DOJ motion to dismiss in golden-cheeked warbler lawsuit

AUSTIN – In a victory for the Texas Public Policy Foundation’s litigation Center for the American Future and its client the Texas General Land Office, the United States District Judge for the Western District of Texas ruled from the bench in denying the Department of Justice’s Motion to Partially Dismiss Second Amended Complaint and denying the Motion to Intervene filed by Travis Audubon, the Teas Ornithological Society, the Center for Biological Diversity, and Defenders of Wildlife. The Court stated that it would address the merits of TPPF’s lawsuit and would allow the Travis Audubon coalition to file an amicus brief, but not participate as a party in the lawsuit. 
 
TPPF represents the Texas General Land Office in this lawsuit to delist the golden-cheeked warbler from the Endangered Species Act, relying upon a 2015 study on the Warbler conducted by the Texas A&M University Institute of Renewable Natural Resources demonstrating that the Warbler no longer is endangered or threatened.
 
“The Court correctly saw through the federal government’s motion as a delay tactic attempting to bog down this lawsuit in procedural technicalities and was correct to take swift action to deny DOJ’s dismissal motion," said Robert Henneke, general counsel and director of the Center for the American Future at the Texas Public Policy Foundation. "Furthermore, as the attorney for Travis Audubon’s were based on policy arguments critical of the Administration and not legal entitlement to intervene, the Court correctly denied them party status, yet will allow their opinions to be heard through amicus briefs. I am glad that we have cleared these procedural roadblocks and delay tactics and can proceed forward to address the merits of our lawsuit.”

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

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.

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