AUSTIN, Texas— Today, Texas Land Commissioner Dawn Buckingham, M.D., is pleased to announce that a Final Listing Rule designating two Distinct Population Segments of the Lesser Prairie‑Chicken has been vacated, marking a significant victory over the Biden administration’s politically weaponized use of the Endangered Species Act (ESA).
“This is an immense victory over government overreach,” said Commissioner Buckingham. “The Biden administration’s improper classification of the Lesser Prairie‑Chicken was a clear infringement on property rights and a threat meant to undermine Texas’ booming oil and gas sector. Thankfully, we now have a White House focused on looking after Americans and unleashing U.S. energy independence.”
The Lesser Prairie-Chicken
On August 12, a United States District Court judge ordered the case brought by the State of Texas, Texas General Land Office, Texas Railroad Commission, Texas Department of Agriculture, and the Permian Basin Petroleum Association against the U.S. Department of the Interior to be closed.
Following President Trump’s January 2025 inauguration, the U.S. Fish and Wildlife Service (USFWS) reevaluated the listing and determined that its prior classification of the lesser prairie‑chicken’s two Distinct Population Segments— the “threatened” Northern segment and the “endangered” Southern segment—was flawed. The Trump administration’s USFWS concluded that there was insufficient evidence of “significant” population loss to justify the ESA distinctions in the Final Listing Rule.
Upon identifying the flawed designation, the agency moved to withdraw the Final Listing Rule regarding the two Distinct Population Segments. The USFWS will now reevaluate whether any ESA listing is warranted.
The Federal Government had also listed the Golden-Cheeked Warbler as endangered, despite its steady population growth since 1990.
In June 2025, Commissioner Buckingham and the Texas Public Policy Foundation submitted comments regarding the Golden-Cheeked Warbler in response to a Regulatory Reform Request for Information from the U.S. Department of the Interior. The comments urged the Department of the Interior to completely delist the Warbler from the Endangered Species Act.
To view the Omnibus Order and Final Judgement for this ruling, click below:
# # #
Dr. Dawn Buckingham made history in 2022, winning a statewide election to become Texas' first female Land Commissioner. As Land Commissioner, Dr. Dawn Buckingham is committed to helping Texans after a disaster, supporting Texas energy, ensuring that every child in Texas receives a high-quality public education, serving Texas Veterans, and securing the border to keep our communities safe.