President Biden Vetoes Attempt to Undo ESA Protections for Lesser Prairie-Chicken and Northern Long-Eared Bat
President Biden Vetoes Attempt to Undo ESA Protections for Lesser Prairie-Chicken and Northern Long-Eared Bat

Lesser prairie-chicken

On Tuesday, September 26, President Biden vetoed two Republican-sponsored joint resolutions, S.J. Res. 9 and S.J. Res. 24, seeking to undo Endangered Species Act (ESA) protections for the lesser prairie-chicken (LEPC) (Tympanuchus pallidicinctus) and northern long-eared bat (NLEB) (Myotis septentrionalis) that became effective in January 2023.

S.J. Res. 9 would have undone the U.S. Fish and Wildlife Service’s (Service) final rule listing the Northern distinct population segment (DPS) of the LEPC as threatened with a section 4(d) rule and the Southern DPS as endangered. The LEPC is a grassland bird found in southeastern Colorado, western Kansas, eastern New Mexico, western Oklahoma, and the Texas Panhandle. The final rule concluded the LEPC is facing habitat loss and fragmentation, with the Southern DPS particularly threatened by severe droughts. President Biden cited the LEPC’s diminishing habitat, declining populations, and the conservation agreements for the species in place as reasoning for his veto.

S.J. Res. 24 would have undone the Service’s final rule listing the NLEB as endangered. The NLEB is a bat species found in 37 states, the District of Columbia, and much of Canada, facing “white-nose syndrome” (WNS), a fungal disease driving the decline of the NLEB and many other bat species. In his statement on the veto, President Biden pointed to the declines of 97 to 100 percent in affected NLEB populations as a result of WNS, and the ecological and economic benefits of bats for their roles in pest control and pollination, as factors supporting his decision.

  • Sara F. Greenberg

    Sara Greenberg assists in advising clients on environmental and land use matters involving the Comprehensive Environmental Response, Compensation and Liability Act, the Clean Water Act, the Endangered Species Act, the ...

Nossaman’s Endangered Species Law & Policy blog focuses on news, events, and policies affecting endangered species issues in California and throughout the United States. Topics include listing and critical habitat decisions, conservation and recovery planning, inter-agency consultation, and related developments in law, policy, and science. We also inform readers about regulatory and legislative developments, as well as key court decisions.

Stay Connected




View All Nossaman Blogs
Jump to Page

We use cookies on this website to improve functionality, enhance performance, analyze website traffic and to enable social media features. To learn more, please see our Privacy Policy and our Terms & Conditions for additional detail.