The U.S. Fish and Wildlife Service (FWS) has announced its decision to review the status of the Golden-Cheeked Warbler, a bird currently listed under the Endangered Species Act of 1973. This follows a petition filed in 2015 by the Texas Public Policy Foundation (TPPF) to remove the bird from the endangered list.
The FWS stated that the petition presents "substantial scientific or commercial information indicating that the petitioned actions may be warranted." Consequently, they will initiate a 12-month review to determine if delisting is justified.
This development comes after TPPF and the Texas General Land Office sought this review for nearly ten years. During this period, TPPF won two federal lawsuits compelling FWS to conduct this review.
Since 1990, restrictions related to the Warbler's protected status have impacted private property use and economic development in Central Texas. However, recent studies suggest that the species is thriving.
"Texas property owners should be able to make decisions for their own land without the federal government impeding with an unjustified Endangered Species Act listing," said Texas Land Commissioner Dawn Buckingham. She added that she looks forward to participating in the process and presenting evidence for delisting.
Ted Hadzi-Antich, TPPF senior attorney, expressed satisfaction with moving forward on this issue. "It’s been a long, hard battle against an intransigent FWS," he said. He emphasized ensuring participation during the review process to end restrictions on property rights in Central Texas.
TPPF attorney Connor Mighell noted it was "remarkable" it took nine years for FWS to follow through but hopes they will recognize evidence showing that "the Warbler is thriving and should be delisted."