By Scout Nelson
The U.S. Fish and Wildlife Service (FWS) has removed the lesser prairie chicken from the list of species protected under the Endangered Species Act (ESA). The decision follows a federal court ruling that questioned how the original listing was handled.
The lesser prairie chicken was first listed as a threatened and endangered species in 2022. The rule took effect on March 27, 2023. The listing affected several states within the bird’s natural range, including Colorado, Kansas, New Mexico, Oklahoma, and Texas. The protection created concerns for livestock producers and land managers because it introduced new federal rules affecting land use and grazing activities.
Several agricultural groups challenged the listing in court. The National Cattlemen’s Beef Association (NCBA), along with state cattle organizations such as the Kansas Livestock Association (KLA) and affiliates in New Mexico, Oklahoma, and Texas, filed legal action after the listing was announced. These groups argued that the decision to protect the bird under the ESA was not supported by sound science and did not properly consider economic impacts.
In 2025, the U.S. Federal District Court for the Western District of Texas ruled that the rule should be vacated. The court determined that the Fish and Wildlife Service failed to consider the economic effects of the listing. Because of this ruling, the bird should no longer remain protected as a threatened species under the ESA.
The recent action by the Fish and Wildlife Service now aligns with that court decision and officially removes the lesser prairie chicken from the ESA list.
Agricultural leaders say grazing can actually support wildlife habitats.
“Established science has repeatedly proven that healthy rangelands maintained by cattle grazing are exactly where the lesser prairie chicken thrives,” said NCBA President and Virginia cattle producer Gene Copenhaver.
Supporters of the decision believe that proper rangeland management, including livestock grazing, can help maintain grassland ecosystems that benefit both wildlife and agriculture. Many ranchers across the affected states manage large areas of prairie that provide important habitat for birds and other wildlife.
The delisting ends federal ESA restrictions tied to the species and returns more management flexibility to states and landowners. Agricultural groups say the decision is an important step toward balancing wildlife protection with practical land management.
Photo Credit: gettyimages-branex
Categories: Kansas, Government & Policy