Can The Lesser Prairie Chicken Cross The Regulatory Road?

Law360, New York (September 10, 2015, 1:17 PM EDT) -- Last week, in a decision that surprised many, a federal court in Texas overturned the U.S. Fish and Wildlife Service's decision last year to list the lesser prairie chicken ("LEPC") as "threatened" under the federal Endangered Species Act. See Permian Basin Petroleum Association et al., v. U.S. Department of Interior, No. 7:14-cv-00050-RAJ (W.D. Tex. Sept. 1, 2015).

This article provides an analysis of the immediate effects of the court's order for energy project developers throughout the species' range (which includes Texas, New Mexico, Oklahoma, Colorado and Kansas) and potential implications of the court's decision for future listing decisions on other candidate...

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