District Court Vacates Lesser Prairie-Chicken 4(d) Rule

On March 29, 2025, the U.S. District Court for the Western District of Texas (District Court) vacated the Endangered Species Act (ESA) special 4(d) rule for the northern distinct population segment (DPS) of the lesser prairie-chicken (LEPC). The 4(d) rule had prohibited, in most circumstances, "take" of the species' northern DPS. Plaintiffs challenged the 4(d) rule in a number of ways, including on grounds that the U.S. Fish and Wildlife Service (Service) should have considered the economic impact of the 4(d) rule prior to its promulgation. As a result of the vacatur, it appears that, for the time being, no "take" prohibitions apply to the northern DPS of the LEPC.

The District Court began its order by explaining that the recent decision of the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo to overturn Chevron deference, meant that the District Court was under no obligation to defer to the Service's interpretation of ESA section 4(d) and was free