On July 3, 2023, the United States Fish and Wildlife Service (the “Service”) proposed to list the Dunes Sagebrush Lizard as an endangered species. TPPF submitted comments to the Service showing that such a listing would be unlawful, unnecessary, arbitrary, and capricious because the is no scientific evidence demonstrating that the lizard is or soon will be endangered, nor is there evidence that the lizard’s habitat is threatened by oil and gas production or frac sand mining.

“The Dunes Sagebrush Lizard is thriving in Texas,” said TPPF’s Ted Hadzi-Antich, “and the proposed listing is simply another attempt by the federal government to force the economy to switch to renewable energy sources, a purpose that is not authorized by the Endangered Species Act.” When the federal government exceeds its legal authority, TPPF “will step in and protect the rule of law and the Constitution,” said Hadzi-Antich.

TPPF’s Connor Mighell added, “The federal government cannot restrict private rights and take private property by listing a species as endangered without sufficient proof. We will steadfastly oppose such overreach.”

A copy of TPPF’s comments can be found here.

Texas Public Policy Foundation is a non-profit free-market research institute based in Austin that aims to foster human flourishing by protecting and promoting liberty, opportunity, and personal responsibility. The Center for the American Future defends the Constitution through legal opposition to government overreach. The Center launches legal challenges at the administrative, district, and appellate court levels on behalf of ordinary people whose lives, liberty, and property are threatened by government action in defiance of the Constitution.