Judge rules US agency must move forward on determining Golden-Cheeked Warbler’s status

AUSTIN (KXAN) — Federal Judge David Alan Ezra ruled on Sep. 9 that the U.S. Fish and Wildlife Service applied the “wrong standard” while determining the conservation status of the Golden-Cheeked Warbler, a migratory bird that nests in Central Texas.

The ruling doesn’t strip the species of its endangered status.

“The question before the Court is not whether the Warbler should be delisted as endangered or even whether delisting ‘may be warranted,’—and the Court has no view on those questions,” Ezra wrote. “This conclusion does not dictate or suggest that the statutory standard for proceeding to a 12-month review is satisfied, and, without such a finding, the Service’s statutory duty to undertake such a review…is not triggered.”

The ruling requires the Service to issue new findings on the warbler’s status within 90 days, if feasible. It also orders both parties to file a joint status report within that time frame.

“Although the Service has twice failed to employ the correct evidentiary standard in reviewing the long-pending Petition, there is no reason to believe that the agency is acting in bad faith or that it is unprepared to adhere to the Court’s decision,” said Ezra in his order.

Attorneys for the defense said that they were “disappointed” by the judge’s decision, but would continue to fight for the Golden-Cheeked Warbler.

“The court acknowledged evidence that the warbler still faces significant threats to its continued existence,” said the defense attorneys in a statement. “We are confident that the science shows that the Golden-Cheeked Warbler still needs the protections of the Endangered Species Act to survive.”

Texas Land Commissioner Dawn Buckingham said she was “thrilled” by the ruling, in a press release from the Texas Public Policy Foundation, which represented Texas in the lawsuit.

“I look forward to the thorough review of the evidence we provided, which in part shows Golden-Cheeked Warblers are far more prevalent in Texas than originally reported,” Buckingham said. “It is my hope that their endangered status will ultimately be reconsidered, which will give property owners the ability to make decisions regarding their own land without the federal government impeding with an unjustified ESA classification.”

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