The U.S. Fish and Wildlife Service removed the lesser prairie chicken from the list of endangered species on Tuesday.
The final rule, which will published in Wednesday’s Federal Register, complies with a Texas court order from last year that threw out the agency’s earlier determination that the bird be listed as threatened.
The court ruling was seen as a victory for land developers, ranchers and energy companies in the West, where listing the bird as endangered could have barred them from using large swaths of land and could have derailed projects.
Sen. James Inhofe, R-Okla., who has opposed the federal designation for the bird, part of the grouse family, said he was pleased with the wildlife agency’s decision.
“The agency’s original listing was rushed and failed to properly take into consideration the facts on the ground,” Inhofe said.
Environmental groups, however, are protesting the bird’s delisting, saying the court order does not restrict the agency from creating other protections for the bird species beyond the formal listing.
The Center for Biological Diversity said the agency’s final rule could lead to the chickens going extinct.
“The service’s own scientists have warned that losing even a small amount of suitable habitat could send these magical birds into a death spiral,” said Tanya Sanerib, senior attorney for the conservation group. “Yet, even with populations declining and habitat dwindling to dangerous levels, the agency is giving up and failing to propose new protections critical to this unique bird’s survival.”
The group said the bird’s population has fallen 13 percent since last year’s court decision.
