Texas Attorney General Ken Paxton Files Lawsuit Against Federal Government Over Endangered Lizard

Texas Attorney General Ken Paxton’s Lawsuit Over Endangered Dunes Sagebrush Lizard

In a significant legal move, Texas Attorney General Ken Paxton announced on Monday that his office is suing the U.S. Department of the Interior, the U.S. Fish and Wildlife Service, and officials from the Biden administration. The lawsuit centers around the recent declaration of the dunes sagebrush lizard as an endangered species, a decision that has sparked controversy and debate across the state.

The Dunes Sagebrush Lizard: A Brief Overview

The dunes sagebrush lizard, a small reptile measuring only 2.5 inches in length, is native to the Mescalero-Monahans ecosystem, located approximately 30 miles west of Odessa, Texas. This region is not only home to the lizard but also supports some of the largest oil and gas fields in the state, making it a focal point of economic activity. For decades, biologists have raised alarms about the threats posed to the lizard’s habitat by oil and gas exploration, emphasizing the need for protective measures.

The Federal Decision

In May 2024, federal regulators made the pivotal decision to list the dunes sagebrush lizard as endangered, citing the expansion of the oil and gas industry as a significant threat to its survival. This ruling was based on extensive research and warnings from biologists who have long advocated for the lizard’s protection. The Fish and Wildlife Service reported that the lizard is now "functionally extinct" across nearly half of its historical range, which spans parts of Texas and New Mexico.

Paxton’s Legal Challenge

Attorney General Paxton’s lawsuit argues that the Biden administration’s actions represent an unlawful misuse of environmental law. He claims that the listing of the lizard violates the Endangered Species Act, asserting that the Fish and Wildlife Service did not rely on the best scientific and commercial data available. Furthermore, he contends that the agency failed to consider existing conservation efforts aimed at protecting the lizard.

In his statement, Paxton emphasized the economic implications of the federal decision, stating, “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.” This sentiment reflects a broader concern among industry representatives who fear that such environmental designations could deter investment and exploration in the region.

Implications for Oil and Gas Operations

The designation of the dunes sagebrush lizard as endangered has immediate consequences for oil and gas companies operating in the Permian Basin. The listing requires these companies to avoid areas inhabited by the lizard, but the Fish and Wildlife Service has yet to delineate these specific areas, leaving operators and landowners in a state of uncertainty. Without clear guidelines, companies risk facing substantial fines—up to $50,000—or even imprisonment for violations related to the lizard’s habitat.

The Ongoing Debate

The conflict between environmental protection and economic interests is not new, especially in Texas, where the oil and gas industry plays a crucial role in the state’s economy. Industry advocates argue that the designation of the dunes sagebrush lizard as endangered could have far-reaching implications, potentially stifling economic growth and job creation in a region heavily reliant on fossil fuel extraction.

On the other hand, conservationists and biologists continue to stress the importance of protecting the lizard’s habitat, highlighting the ecological significance of preserving biodiversity. The dunes sagebrush lizard is not just a species at risk; it is an indicator of the health of its ecosystem, which is increasingly threatened by human activity.

The Future of the Dunes Sagebrush Lizard

As the lawsuit unfolds, the future of the dunes sagebrush lizard hangs in the balance. The outcome will likely set a precedent for how endangered species are protected in the context of economic development, particularly in regions where natural resources are abundant. The ongoing dialogue between state officials, federal agencies, industry stakeholders, and conservationists will be crucial in shaping the policies that govern the delicate interplay between environmental conservation and economic growth in Texas.