Texas Attorney General Sues Obama Administration Over Endangered, Threatened Species Protections

AUSTIN, TX — In what may be his last lawsuit against the Obama administration in a prolific output of litigation against the federal government, Attorney General Ken Paxton on Tuesday joined in a 17-state claim centered on endangered or threatened animal species.

Paxton joined 17 other states in challenging federal rule deemed to be government overreach that expand the definition of "critical habitats" for at-risk species. The multi-state lawsuit contends the rules would allow the federal government "to designate areas as occupied critical habitat, containing the physical and biological features essential to conservation, even when those areas are neither occupied nor contain those features," according to the filing.

Moreover, the suit contends, the rules extend federal authority over expansive areas where there may be "indirect or circumstantial evidence," that a protected species had ever occupied, a statement from Paxton reads in part. "Under this interpretation, [the federal government] could designate entire states or even multiple states as habitat for certain species," the statement read.

“This is nothing more than yet another end run around Congress by a president who is desperate to establish his environmental legacy by any means necessary before his time in office ends in less than 60 days,” Paxton said. “The Obama administration is hiding behind bogus rules to perpetrate land grabs, kill energy projects and block economic development.”

The lawsuit was filed in U.S. District Court for the Southern District of Alabama against the U.S. Secretary of the Interior, National Marine Fisheries Service, U.S. Secretary of Commerce and U.S. Fish and Wildlife Service.

The state of Alabama is taking the lead in the lawsuit. Joining Alabama and Texas are the attorneys general from Alaska, Arizona, Arkansas, Colorado, Kansas, Louisiana, Michigan, Montana, Nebraska, Nevada, North Dakota, South Carolina, West Virginia, Wisconsin and Wyoming. New Mexico is represented by its Department of Game and Fish.

To view a copy of the complaint, click here.

In the eight years of the administration of President Barack Obama, Paxton has relished his role in filing lawsuit against various of his initiatives. That prolific filing of lawsuits against Obama is noted in his official biography as a point of pride.

"In his first year in office, General Paxton hit the ground running, filing eight lawsuits against the federal government to protect Texas sovereignty on environmental issues, health care, religious freedom and immigration," his official bio notes. "The lawsuit he led for a 26-state coalition stopped President Obama’s illegal immigration plan in its tracks, winning in federal courts three times."

His predecessor in the AG's office, Gov. Greg Abbott set the model for such brisk litigation, once famously describing his job as consisting of this routine: "I go into the office, I sue the federal government and I go home," he said to a Tea Party gathering on April 30, 2013, as reported in an Associated Press news story.

By that time, Abbott had already sued the Obama administration 25 times — a streak that now is well past 40 lawsuits since Paxton took over the job of Texas attorney general last year.

In September, Paxton joined his Nevada counterpart in suing on behalf of 21 states for Obama's so-called overtime rule that was to take effect Dec. 1. The proposed U.S. Department of Labor rule would have upped the salary level in determining the eligibility for overtime pay from the current $455 per week (or $23,660 for a full-year worker) to $913 per week (or $47,476 for a full-year worker).

Last week, a federal judge in Texasissued an emergency injunction that effectively blocked the new rule from taking effect next month.

But back to the endangered/threatened species initiative. Texas prides itself on having a relaxed regulatory climate for business development, and lawmakers often have posited rules intended to protect endangered or threatened species as inhibiting unfettered commercial development or oil and gas drilling.

Close to home in Central Texas, battles have been fought pitting environmentalists against real estate developers with species such as the Barton Springs salamander or the golden-cheeked warbler in the middle of the fight as unwitting participants in such titanic struggles. The existence of both species have often halted development from occurring in some spots, much to the chagrin of real estate developers.

But in progressive Austin, the presence of three species of aquatic salamander is celebrated rather than dismissed as diminutive obstacles to development. Austin city officials make the point home on their website, touting the presence of three types of the salamander within city limits.

"Austin is home to three species of aquatic salamander that occur no where else in the world except in and around this city: The Barton Springs salamander, Austin Blind salamander and Jollyville Plateau salamander," city officials write, with palpable enthusiasm, on the municipal website.

"The Barton Springs and the Austin Blind salamanders are found only in Barton Springs," city officials continue. "The third species, the Jollyville Plateau Salamander, lives primarily in the springs and streams of northwest Austin and southern Williamson County. Under the U. S. Endangered Species Act, the Barton Springs Salamander and Austin Blind Salamander are endangered, and the Jollyville Plateau Salamander is threatened, because of the ever-increasing human impact on their habitats."

The golden-cheeked warbler also makes a prominent appearance in municipal portals: "The golden-cheeked warbler is a small bird with a big reputation," begins one post at a city website. "Birdwatchers from around the world travel to the Texas Hill Country for a mere glimpse of this rare songbird."

The bird was first listed as endangered in 1990. Since then, "the warbler has gained fame in Austin as one of the eight endangered species protected by the first major urban habitat plan in the country—the Balcones Canyonlands Conservation Plan."

Contrary to the idea of dismissing them as winged foes of commerce, "In fact, the 1,140 acres of the Bull Creek Nature Preserve were acquired with the primary goal of protecting the warbler. Whether admired for its own splendor or the unique landscape its listing has helped to preserve, the golden-cheeked warbler is a vital asset to both local ecology and heritage," the website reads.

>>> Images of golden-cheeked warbler and blind salamander via WikiMedia Commons