ELR Citation: 55 ELR 20109
No(s). MO:23-CV-000047-DC and MO:23-CV-00049-DC (W.D. Tex. Aug 12, 2025) (Counts, J.)

A district court granted FWS' motion to vacate and remand its 2022 rule listing the northern distinct population segment (DPS) lesser prairie-chicken as threatened and the southern DPS of the species as endangered. Texas, Oklahoma, Kansas, and an oil and gas group sued FWS, arguing it improperly applied its policy for determining DPSs in violation of the ESA. Following the change in federal administration in January 2025, FWS reevaluated the plaintiffs' claims and determined that it erred in applying the DPS policy and did not provide sufficient justification that the two population segments were significant; it moved for voluntary vacatur and remand of the rule. The court found FWS conceded the rule was unlawful and that its vacatur request comported with APA requirements that agency action found to be "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law" to be set aside. It further found FWS' concessions pointed to a serious, foundational defect in the rule that could not be resolved by remand alone. It vacated and remanded the rule.