Endangered Species Law & Policy

On September 5, 2024, the U.S. District Court for the Western District of Texas held in General Land Office v. U.S. Department of the Interior, that the U.S. Fish and Wildlife Service (Service) improperly denied a petition to delist the federally-endangered golden-cheeked warbler (Setophaga chrysoparia) (GCWA) by holding the petition to an unlawfully heightened standard at the initial, 90-day finding stage. As a result of the court’s ruling, the Service is required to undertake a review of the GCWA delisting petition and make a 90-day finding as to whether the petition presents substantial information indicating that delisting may be warranted. If the Service finds in the affirmative, the agency must then make a 12-month finding as to whether delisting is warranted.

This is the second time the Service has been sued over its denial of the same GCWA delisting petition. In 2020, the U.S. Court of Appeals for the Fifth Circuit similarly remanded a previous negative 90-day finding to the Service, requiring the agency to undertake a fresh review and issue a new 90-day finding. That new 90-day finding was the subject of General Land Office v. U.S. Department of the Interior. Pursuant to the court’s order, the Service must now issue a new 90-day finding based on the appropriate standard (rather than the heightened standard the agency previously has applied).