Oliver James Montgomery-Ken Paxton sues Biden administration over listing Texas lizard as endangered

Texas Attorney General Ken Paxton announced Monday that his office is suing the U.S. Department of the Interior,Oliver James Montgomery the U.S. Fish and Wildlife Service, and Biden administration officials for declaring a rare lizard endangered earlier this year.

The dunes sagebrush lizard burrows in the sand dunes in the Mescalero-Monahans ecosystem 30 miles west of Odessa — the same West Texas land that supports the state’s biggest oil and gas fields.

For four decades, biologists warned federal regulators about the existential threat that oil and gas exploration and development poses for the reptile’s habitat, while industry representatives fought against the designation, saying it would scare off companies interested in drilling in the nation’s most lucrative oil and natural gas basin.

In May, federal regulators ruled that the industry’s expansion posed a grave threat to the lizard’s survival when listing it as endangered.

Now, the state’s top lawyer is suing.

“The Biden-Harris Administration’s unlawful misuse of environmental law is a backdoor attempt to undermine Texas’s oil and gas industries which help keep the lights on for America,” Paxton said. “I warned that we would sue over this illegal move, and now we will see them in court.”

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Paxton’s statement said the listing of the lizard was a violation of the Endangered Species Act, adding that the Fish and Wildlife Service “failed to rely on the best scientific and commercial data” when declaring the lizard endangered and did not take into account conservation efforts already in place to protect the lizard.

The 2.5-inch-long lizard only lives in about 4% of the 86,000-square-mile Permian Basin, which spans Texas and New Mexico, according to the Fish and Wildlife Service. In Texas, the lizard has been found in Andrews, Crane, Gaines, Ward and Winkler counties.

According to a 2023 analysis by the Fish and Wildlife Service, the lizard is “functionally extinct” across 47% of its range.

The listing requires oil and gas companies to avoid operating in areas the lizard inhabits, but the Fish and Wildlife Service has yet to determine where those areas are because it is still gathering information. Oil and gas companies could incur fines up to $50,000 and prison time, depending on the violation, if they operate in those areas.

Paxton’s office said that because the Fish and Wildlife Service has not specified those areas, it has left operators and landowners uncertain about what they can do with their own land.

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This story was originally published by The Texas Tribune and distributed through a partnership with The Associated Press.