Lawsuit filed over lesser prairie chickens in Oklahoma and other states

 

A lawsuit’s been filed by three environmental groups to force the U.S. Fish and Wildlife Service to issue an assessment on the possible re-introduction of federal protections for lesser prairie chickens in parts of Oklahoma, Kansas and three other states.

The lawsuit was filed in the District of Columbia against the administration of President Trump.  It seeks a court order to force the completion of the review under the Endangered Species Act. The suit contends the review should have been published two years ago and now the Fish and Wildlife Service doesn’t believe it will be ready until 2021.

Some energy groups have fought such a move because of the tighter restrictions that would be enforced on drilling operations.

The lawsuit was filed by Defenders of Wildlife, the Center for Biological Diversity and WildEarth Guardians. It was three years ago when the three groups asked the Fish and Wildlife Service to reinstate the protections for the medium-sized grouse in Oklahoma, Kansas, Colorado, New Mexico and Texas.

The lesser prairie chicken has been subject of litigation and regulatory battles pitting environmental organizations against government agencies, as well as agriculture and energy interests. The federal government in 2014 listed the bird as threatened but issued a rule limiting regulatory impact on landowners and businesses. That listing was subsequently overturned when challenged in court.

“The iconic lesser prairie chicken could go extinct if we do not take meaningful steps to save it,” said Jason Rylander, an attorney with Defenders of Wildlife based in Washington, D.C. “Endangered Species Act protection could make all the difference, but the Trump administration refuses to act. The lesser prairie chicken has waited long enough for a decision.”

A year ago, Kansas U.S. Sens. Jerry Moran and Pat Roberts along with U.S. Reps. roger Marshall and Ron Estates signed a letter urging the Department of Interior to resist pressure to again list the lesser prairie chicken under the Endangered Species Act.

According to the  Topeka Capital Journal, recent headcounts revealed about 38,000 of the plump, brown birds with feathered feet were living in the region’s thick scrub and tall grasses. The birds are known for communal displays and loud calls during mating season. The population has diminished because of loss of habitat associated with the presence of agriculture, energy, transportation and utility industries. The birds’ reproduction also has been sharply influenced by prolonged drought in the region.

The Western Association of Fish and Wildlife Agencies, which oversees a conservation plan aimed at protecting the grouse, reported in 2018 an aerial survey showed a 30 percent increase in lesser prairie chickens in the five-state region. The report showed a breeding population of 38,637 birds, an increase of 8,700 from the revised tally from 2017.