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Expert Analysis

What's Next In The Lesser Prairie Chicken Fight?

Law360, New York (March 4, 2016, 9:14 AM EST) -- Last fall, a federal court in the Western District of Texas upheld a challenge to the U.S. Fish & Wildlife Service's decision to list the lesser prairie chicken (LEPC) as a threatened species under the federal Endangered Species Act. Permian Basin Petroleum Assoc'n et al., v. U.S. Dep't. of Interior, No. 7:14-cv-00050-RAJ (W.D. Tex. Sept. 1, 2015). As explained in our QuickStudy discussing that decision, the court found that the FWS's listing decision was arbitrary and capricious. Rather than simply remand the decision back to the service to address the flaws in its reasoning, the court vacated the listing, meaning the LEPC is no longer subject to the protections of the ESA....

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