Oklahoma Sues U.S. Fish & Wildlife Service Citing "Timetable" ESA Decision-Making

States, farmers, ranchers, and energy companies have sued the U.S. Department of the Interior and its agency, the U.S. Fish and Wildlife Service ("FWS"), for entering into and carrying out the terms of settlement agreements reached with environmental groups last year over listing decisions under the Endangered Species Act ("ESA").

The lawsuit, filed in the Northern District of Oklahoma, claims that the FWS has colluded with special interest groups to change its rulemaking process without going through the legally required channels. The plaintiffs' claims allege violations of the Administrative Procedures Act ("APA"), the Endangered Species Act, the FWS's own regulations, as well as the Due Process clause of the Fifth Amendment to the U.S. Constitution. Plaintiffs also say that the FWS has violated Article II of the U.S. Constitution by ceding its congressionally delegated authority to special interest groups.