Protections for an endangered bird inhabiting Permian Basin oil fields should be tossed out because the federal government now says it shouldn’t have protected the lesser prairie-chicken in the first place, the Justice Department said in a court filing Wednesday.
The US Fish and Wildlife Service has “confessed” its error in protecting the bird, so vacatur is appropriate, the federal government argued in a reply brief in Texas v. Interior, a case filed in 2023 in US District Court for the Western District of Texas.
“No actual party to this litigation contests the Service’s request” on May 7 ...
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