AUSTIN – The Texas General Land Office (TXGLO) and the Texas Public Policy Foundation (TPPF) have submitted a comment regarding the Golden-Cheeked Warbler in response to a Regulatory Reform Request for Information from the U.S. Department of the Interior. The comment urges the Department of the Interior to completely delist the Warbler from the Endangered Species Act.

The Trump Administration has announced several regulatory reform priorities, including to eliminate regulations that are outdated or impede infrastructure development, economic development, energy production, and land use. Since 1990, the Warbler’s listing under the Endangered Species Act has imposed costly mitigation measures and hindered productive land uses throughout Central Texas. Yet several scientific studies have shown that the Warbler population is thriving. The Warbler population is 19 times larger than the 1990 population estimate, and state-level protections will ensure the continued preservation of Warbler habitat.

Last year, TXGLO succeeded in a lawsuit against the Department of the Interior. The court’s decision required the Department to reevaluate the Warbler’s status. In January, the Department recommended downlisting the Warbler from endangered to threatened. While this is a step in the right direction, listing as a threatened species still imposes costly compliance and mitigation measures. This comment urges the Department to completely delist the Warbler.

“For too long, Texas property owners’ hands have been tied regarding making decisions on their own land because of an unsupported ESA listing of the Golden-Cheeked Warbler,” said Texas Land Commissioner Dawn Buckingham. “There has been significant evidence presented, including a 2024 court ruling that determined the federal government misapplied the law multiple times, which shows that listing the Warbler does not meet the requirements set forth in the ESA. Based on the scientific evidence presented, I urge the U.S. Department of the Interior to completely delist the Warbler and allow Texans to reclaim their voices when it comes to decisions about their land.”

“It took over ten years of litigation to spur the Department of the Interior to agree that there is substantial evidence to engage in a detailed review of whether the Warbler should be delisted,” said TPPF senior attorney Ted Hadzi-Antich. “Now, pursuant to a recent executive order of President Trump, the Department has finally asked for comments regarding whether any of its regulatory efforts are impeding economic or energy development, and we have provided details setting forth precisely how the ESA’s regulation of the Warbler is a prime example of unnecessary and harmful government intervention in the economic life of the nation.”

TPPF attorney Eric Heigis added, “Delisting the Warbler is not only the right move to restore property rights, the Endangered Species Act’s guidelines require delisting.”

To read the comments, click here.

For additional background on the case, click here.

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