Dunes Sagebrush Lizard

Environmentalist petitioned to have the Dunes Sagebrush Lizard listed as endangered as a means to reduce the nation’s dependence on oil and gas.  The lizard’s habitat is the New Mexico and Texas Permian Basin where 20% of our nation’s oil and gas is produced. Securing federal protection for the lizard would translate into sever restrictions on the energy and livestock industries in the area. However, they were stopped through the efforts of the Permian Basin Petroleum Association, eight Counties and a Soil and Water Conservation District that implemented a coordination strategy revealing the flawed science behind the proposed listing.

Here is their story …

The Dunes Sagebrush Lizard (DSL) is a three-inch reptile that was added to the “candidate” list for endangered species in 1994.  Its known habitat is the oil and gas Permian Basin that covers eastern New Mexico and west Texas.  In 2011, the U.S. Fish and Wildlife Service issued a proposed rule to move the lizard to the endangered list as a result of a settlement agreement made with radical environmental organizations.

In response, the Texas State Comptroller initiated the development of a state Habitat Conservation plan for the purpose of protecting the lizard and potentially precluding the listing.  However, many,including American Stewards, disagreed with this approach believing the species was not in danger of going extinct, but rather being used as a pawn to restrict the use of the land.

American Stewards was asked to help develop a strategy that would prevent the lizard from being listed as endangered, an effort led by the Permian Basin Petroleum Association.  The strategy resulted in the Counties of Chaves, Eddy, Lea and Roosevelt from New Mexico initiating coordination with the USFWS and challenging the science relied upon by the Service to make their warranted determination.  They were also joined by the Counties of Ward, Gaines, Winkler, and Andrews from Texas, and the Sandhills Soil and Water Conservation District in Texas.

A listing decision must rely solely on the best available science, and an objective review of the data being relied upon by the Service revealed that it was fatally-flawed and agenda driven.  The group hired credible biologists and other consultants to take a hard look at the science, and bring forward new data not being fully considered.

Although the Service initially resisted coordinating with the Counties, in September of 2011, a coordination meeting was held in New Mexico on the DSL where the Counties presented their findings and had the opportunity to question the Service.  It was a productive session, which did more than just reveal the flawed science, but demonstrated the groups resolve to ensure the right decision was made, even if that meant resolution in court.

June 15, 2011, the Service issued its notice to withdraw the rule, and instead found the species was not endangered.  This removed the lizard from the candidate list as well.  The environmentalists sued, claiming the Texas Conservation Plan was not sufficient to protect the species, but avoided raising arguments that would reveal the science they had brought forward was flawed. They did not challenge the Service’s decision based on the science. These arguments had been exposed by the Counties in the coordination process. Instead they used the Texas Comptrollers plan as the basis to have the decision reversed.

The PBPA and Counties joined in the defense of the USFWS, and ultimately prevailed.  The Dunes Sagebrush Lizard is not endangered, never was, and is in no danger of facing extinction in the foreseeable future.  This occurred because a handful of brave Americans and elected local leaders stood strong and refused to give up their private property and the liberty it represents.

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