GENERAL LAND OFFICE v. U.S. DEPT. OF THE INTERIOR

No. 19-50178.

947 F.3d 309 (2020)

GENERAL LAND OFFICE of the State of Texas, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF THE INTERIOR; David Bernhardt, Secretary, U.S. Department of the Interior, in his official Capacity as Secretary for the United States of the Interior; United States Fish and Wildlife Service; Greg Sheehan, in his official Capacity as Acting Director of the U.S. Fish and Wildlife Service; Amy Lueders, in her official Capacity as Southwest Regional Director U.S. Fish and Wildlife Service, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED January 15, 2020.


Attorney(s) appearing for the Case

Theodore Hadzi-Antich , Robert E. Henneke , Ryan Daniel Walters , Attorney, Texas Public Policy Foundation, Austin, TX for Plaintiff-Appellant.

Amelia G. Yowell , Ellen Durkee , Attorney, Devon L. Flanagan , U.S. Department of Justice, Environment & Natural Resources Division-Appellate Section, Washington, DC, Charles Kneeland Cooper, IV , Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Texas, Austin, TX, for Defendant-Appellees United States Department of the Interior, David Bernhardt, Secretary, U.S. Department of the Interior, in his official capacity as Secretary for the United States of the Interior, United States Fish and Wildlife Service.

Amelia G. Yowell , Ellen Durkee , Attorney, Devon L. Flanagan , U.S. Department of Justice, Environment & Natural Resources Division-Appellate Section, Washington, DC, for Defendant-Appellees Greg Sheehan, in his official capacity as Acting Director of the U.S. Fish and Wildlife Service, Amy Lueders, in her official capacity as Southwest Regional Director U.S. Fish and Wildlife Service.

Lisa Bennett , Assistant Solicitor General, Office of the Attorney General for the State of Texas, Austin, TX, for Amicus Curiae State of Texas.

Adam Warren Aston , Jackson Walker, L.L.P., Austin, TX, for Amicus Curiae Texas Senator Donna Campbell.

Paul Stanley Weiland, Esq. , Nossaman, L.L.P., Irvine, CA, for Amicus Curiae American Stewards of Liberty.

Before KING, JONES, and DENNIS, Circuit Judges.


The United States Fish and Wildlife Service listed the Golden-Cheeked Warbler as an endangered species in 1990. Approximately twenty-six years later, the Service denied a petition asking it to delist the Warbler. The General Land Office of the State of Texas claims that both of these decisions are invalid, but its challenge...

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