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Ken Paxton sues Biden administration over listing Texas lizard as endangered

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Monday, September 23, 2024

Sign up for The Brief, The Texas Tribune’s daily newsletter that keeps readers up to speed on the most essential Texas news. Texas Attorney General Ken Paxton announced Monday that his office is suing the U.S. Department of the Interior, the U.S. Fish and Wildlife Service, and Biden administration officials for declaring a rare lizard endangered earlier this year. The dunes sagebrush lizard burrows in the sand dunes in the Mescalero-Monahans ecosystem 30 miles west of Odessa — the same West Texas land that supports the state’s biggest oil and gas fields. For four decades, biologists warned federal regulators about the existential threat that oil and gas exploration and development poses for the reptile’s habitat, while industry representatives fought against the designation, saying it would scare off companies interested in drilling in the nation’s most lucrative oil and natural gas basin. In May, federal regulators ruled that the industry’s expansion posed a grave threat to the lizard’s survival when listing it as endangered. Now, the state’s top lawyer is suing. “The Biden-Harris Administration’s unlawful misuse of environmental law is a backdoor attempt to undermine Texas’s oil and gas industries which help keep the lights on for America,” Paxton said. “I warned that we would sue over this illegal move, and now we will see them in court.” Paxton’s statement said the listing of the lizard was a violation of the Endangered Species Act, adding that the Fish and Wildlife Service “failed to rely on the best scientific and commercial data” when declaring the lizard endangered and did not take into account conservation efforts already in place to protect the lizard. The 2.5-inch-long lizard only lives in about 4% of the 86,000-square-mile Permian Basin, which spans Texas and New Mexico, according to the Fish and Wildlife Service. In Texas, the lizard has been found in Andrews, Crane, Gaines, Ward and Winkler counties. The most important Texas news,sent weekday mornings. According to a 2023 analysis by the Fish and Wildlife Service, the lizard is “functionally extinct” across 47% of its range. The listing requires oil and gas companies to avoid operating in areas the lizard inhabits, but the Fish and Wildlife Service has yet to determine where those areas are because it is still gathering information. Oil and gas companies could incur fines up to $50,000 and prison time, depending on the violation, if they operate in those areas. Paxton's office said that because the Fish and Wildlife Service has not specified those areas, it has left operators and landowners uncertain about what they can do with their own land.

The lawsuit claims federal regulators have undermined the Texas oil and gas industry by misusing environmental law, negatively impacting drilling and production.

Sign up for The Brief, The Texas Tribune’s daily newsletter that keeps readers up to speed on the most essential Texas news.


Texas Attorney General Ken Paxton announced Monday that his office is suing the U.S. Department of the Interior, the U.S. Fish and Wildlife Service, and Biden administration officials for declaring a rare lizard endangered earlier this year.

The dunes sagebrush lizard burrows in the sand dunes in the Mescalero-Monahans ecosystem 30 miles west of Odessa — the same West Texas land that supports the state’s biggest oil and gas fields.

For four decades, biologists warned federal regulators about the existential threat that oil and gas exploration and development poses for the reptile’s habitat, while industry representatives fought against the designation, saying it would scare off companies interested in drilling in the nation’s most lucrative oil and natural gas basin.

In May, federal regulators ruled that the industry’s expansion posed a grave threat to the lizard’s survival when listing it as endangered.

Now, the state’s top lawyer is suing.

“The Biden-Harris Administration’s unlawful misuse of environmental law is a backdoor attempt to undermine Texas’s oil and gas industries which help keep the lights on for America,” Paxton said. “I warned that we would sue over this illegal move, and now we will see them in court.”

Paxton’s statement said the listing of the lizard was a violation of the Endangered Species Act, adding that the Fish and Wildlife Service “failed to rely on the best scientific and commercial data” when declaring the lizard endangered and did not take into account conservation efforts already in place to protect the lizard.

The 2.5-inch-long lizard only lives in about 4% of the 86,000-square-mile Permian Basin, which spans Texas and New Mexico, according to the Fish and Wildlife Service. In Texas, the lizard has been found in Andrews, Crane, Gaines, Ward and Winkler counties.

Logo for The Brief newsletter.

The most important Texas news,
sent weekday mornings.

According to a 2023 analysis by the Fish and Wildlife Service, the lizard is “functionally extinct” across 47% of its range.

The listing requires oil and gas companies to avoid operating in areas the lizard inhabits, but the Fish and Wildlife Service has yet to determine where those areas are because it is still gathering information. Oil and gas companies could incur fines up to $50,000 and prison time, depending on the violation, if they operate in those areas.

Paxton's office said that because the Fish and Wildlife Service has not specified those areas, it has left operators and landowners uncertain about what they can do with their own land.

Read the full story here.
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More than half of world’s bird species in decline, as leaders meet on extinction crisis

Biodiversity losses are growing, the IUCN reports as summit opens, but green turtle’s recovery ‘reminds us conservation works’More than half of all bird species are in decline, according to a new global assessment, with deforestation driving sharp falls in populations across the planet.On the eve of a key biodiversity summit in the UAE, scientists have issued a fresh warning about the health of bird populations, with 61% of assessed species now recording declines in their numbers. Continue reading...

More than half of all bird species are in decline, according to a new global assessment, with deforestation driving sharp falls in populations across the planet.On the eve of a key biodiversity summit in the UAE, scientists have issued a fresh warning about the health of bird populations, with 61% of assessed species now recording declines in their numbers.From Schlegel’s asity in Madagascar to the tail-bobbing northern nightingale-wren in Central America, many bird species have lost habitat to expanding agriculture and human development. Just nine years ago, 44% of assessed bird species had declining populations, according to the red list of endangered species from the International Union for Conservation of Nature (IUCN).Dr Ian Burfield, BirdLife’s global science coordinator, who helped oversee the assessment, said: “That three in five of the world’s bird species have declining populations shows how deep the biodiversity crisis has become and how urgent it is that governments take the actions they have committed to under multiple conventions and agreements.”It comes as hundreds of conservationists gather in Abu Dhabi on Friday for the IUCN’s congress, where the fate of many of the world’s most at-risk wildlife species will be discussed. In the face of global headwinds on environmental action, scientists are urging governments to deliver on recent pledges to better protect nature.Birds play an important role in ecosystems, helping to pollinate flowers, disperse seeds and control pests. Hornbills – which are found across the tropics – can spread up to 12,700 large seeds a day in a square kilometre.Dr Malin Rivers, head of conservation prioritisation at the Botanic Gardens Conservation International, said: “The fates of birds and trees are intertwined: trees depend on birds for regeneration and birds depend on trees for survival.”The green sea turtle’s recovery “reminds us that conservation works”, said the IUCN director general, Dr Grethel Aguilar. Once classified as endangered, it is now viewed as a species of least concern due to conservation efforts. The turtles’s numbers have grown by 28% since the 1970s thanks to greater protection for nest sites in Ascension Island, Brazil, Mexico and Hawaii.A Pacific green sea turtle cruising off Hawaii. The recovery of the species shows what global conservation efforts can achieve, experts say. Photograph: Chris Strickland/AlamyRoderic Mast, co-chair of IUCN’s species survival commission marine turtle specialist group, said the green turtle’s recovery was “a powerful example of what coordinated global conservation over decades can achieve to stabilise and even restore populations of long-lived marine species”.But there was bad news for Arctic seals, which scientists warn are drifting closer to extinction due to global heating. The loss of sea ice has seen population numbers for bearded and harp seals fall sharply. Thinning sea ice means that the Artic seals are finding it more difficult to find areas to rest and breed. They are a critical prey species for polar bears, which researchers fear will also be affected by the loss.Dr Kit Kovacs, Svalbard programme leader at the Norwegian Polar Institute, said: “Each year in Svalbard, the retreating sea ice reveals how threatened Arctic seals have become, making it harder for them to breed, rest and feed.“Their plight is a stark reminder that climate change is not a distant problem – it has been unfolding for decades and is having impacts here and now.”Find more age of extinction coverage here, and follow the biodiversity reporters Phoebe Weston and Patrick Greenfield in the Guardian app for more nature coverage.

Would a ban on genetic engineering of wildlife hamper conservation?

Some conservation groups are calling for an effective ban on genetic modification, but others say these technologies are crucial for preserving biodiversity

The idea of genetically modifying wild lions divides opinionAndrewfel/Shutterstock Should we genetically modify wild lions? Of course not, might be your instant response. But what if lions were being wiped out by a devastating disease introduced by people? What if the genetic change was a tiny tweak that makes them immune to this disease, of the sort that might evolve naturally given enough time and enough dead lions? These kinds of questions are dividing conservationists, and matters are about to come to a head. In the coming week, at a meeting of the International Union for Conservation of Nature (IUCN) – the world’s leading conservation organisation – delegates will vote on a motion that would “pause” any form of genetic engineering of wildlife, including the introduction of modified microbes. “I have no idea how the vote will go,” says Piero Genovesi at the Institute for Environmental Protection and Research in Italy, who helped draft an open letter opposing the proposed motion. An IUCN moratorium on synthetic biology would have no legal force, but it could still have far-reaching effects. For instance, many conservation organisations might stop funding work involving genetic engineering, and some countries could make such a ban part of national laws. “The moratorium would certainly be problematic on many levels,” says Ben Novak at Revive & Restore, a US-based non-profit that aims to use biotechnologies to rescue endangered and extinct species. Why is this happening now? In a word, CRISPR. In 2014, it was shown that CRISPR gene-editing technology can be used to create gene drives – basically, a piece of DNA that gets passed down to all offspring, rather than the usual half. This means a gene drive can spread even if it is harmful and could, in theory, be used to wipe out invasive species. Gene drives could also be used to spread beneficial traits, such as disease resistance. At a conference in Hawaii in 2016, there was talk of using gene drives to get rid of the invasive mosquitoes that have wiped out half of Hawaii’s native bird species, says Genovesi. Some conservationists were enthusiastic; others were horrified. That triggered the events leading to the proposed moratorium. “Gene drives are being pushed quite strongly by some as the panacea for dealing with all sorts of environmental problems,” says Ricarda Steinbrecher at EcoNexus, a research organisation that is among those backing a moratorium. But the broad wording of the proposed motion applies to far more than gene drives. It would rule out most de-extinction efforts, for instance, and could also be seen as banning live vaccines. Steinbrecher says a moratorium is a pause, not a permanent block, and that there could be another vote to end it “when we have more data”. But some of those backing the ban are campaign groups opposed to any genetic engineering, so it is hard to see what would change their minds. “I am afraid it could be a very long ban,” says Genovesi. Take the idea of using gene editing to make wild animals resistant to diseases. Steinbrecher says gene editing could have unintended side effects. But the evidence we have suggests the risks are low – which is why several gene-edited foods are already being eaten, and why the first CRISPR treatment for people got approved last year. The same benefits-versus-risks considerations apply with conservation. Is it really better to stand by and watch coral reefs being wiped out by global warming than to, say, release genetically engineered algal symbionts that give corals more heat tolerance? A key issue is scalability, says Novak. Divers transplanting corals by hand are never going to save reefs. “This is where synthetic biology tools are vital,” he says. “The overall goals of restoring 30 per cent of land to nature, of saving species, etc, will not be attainable without synthetic biology.” Ultimately, this is about competing visions of nature. Some see nature as pristine and sacrosanct, and are appalled by the idea of any genetic meddling. But humans have been transforming nature ever since we wiped out most megafauna. We are already unintentionally meddling genetically by imposing all kinds of selection pressures. Hunting, pollution, pesticides, invasive species and introduced diseases are forcing many plants and animals to change to survive. Some elephant populations are nearly tuskless, for instance. Of course, this doesn’t mean that more meddling will make things better. There are indeed serious risks to releasing gene drives – for instance, gene drives designed to wipe out invasive species might spread to the native range of the target species. But researchers are very aware of the risks. And there are ways to reduce them, for instance by making gene drives self-limiting so they cannot just spread indefinitely. “We are facing a dramatic crisis of biodiversity,” says Genovesi. “We shouldn’t close the door to new tools that could help us combat some of the major threats.” Conservation and rewilding in the Central Apennines: Italy Journey into Italy’s Central Apennines region for a fascinating introduction to the concept and practicalities of rewilding.

‘A remarkable ability to inspire’: global tributes pour in for Jane Goodall

Barack Obama, Prince William and Tanzanian president among many to mark death of primatologist at age of 91Word leaders, friends and former colleagues have been paying tribute to the primatologist Jane Goodall, who died in California on Wednesday aged 91.Goodall devoted her life to studying chimpanzees and other great apes, and became a global champion for primates and for conservation, helping to challenge the idea that the primates were vegetarian and that only humans could use tools. She died in her sleep from natural causes in Los Angeles while on a speaking tour, according to her institute, leading to an outpouring of dedications from around the world. Continue reading...

Word leaders, friends and former colleagues have been paying tribute to the primatologist Jane Goodall, who died in California on Wednesday aged 91.Goodall devoted her life to studying chimpanzees and other great apes, and became a global champion for primates and for conservation, helping to challenge the idea that the primates were vegetarian and that only humans could use tools. She died in her sleep from natural causes in Los Angeles while on a speaking tour, according to her institute, leading to an outpouring of dedications from around the world.“Jane Goodall had a remarkable ability to inspire us to connect with the natural wonders of our world, and her groundbreaking work on primates and the importance of conservation opened doors for generations of women in science,” said former US president Barack Obama. “Michelle and I are thinking of all those who loved and admired her,” he said.Prince William said the world had lost “an extraordinary voice”.“Her boundless curiosity, compassion and pioneering spirit transformed our understanding of the natural world. She challenged us all to make a difference and inspired me and countless others to work to protect our planet. Jane Goodall made a difference,” he said in a statement.The naturalist and broadcaster, Chris Packham, said: “Goodall was extremely determined. She was a do-it-yourselfer. She broke down barriers and wasn’t interested in broken or outdated conventions in science – she was bold and brave, an important inspiration to women wishing to enter science.Chris Packham described Goodall as bold and brave. Photograph: Everett/Shutterstock“She also became a powerful advocate for life, quiet, considered, clear and passionate. And critically tireless – she died on her job, trying to communicate the urgent need to confront climate breakdown and biodiversity loss. We have lost one of the greatest and most necessary voices for life on Earth ‘Tanzanian president, Samia Suluhu Hassan, said Goodall was a friend of the country and paid tribute to her decades of research on chimpanzees in Gombe national park. “With great sorrow, I have received the news of the passing of Dr. Jane Goodall. A renowned zoologist, primatologist, researcher and a friend of Tanzania, Dr. Goodall’s pioneering work at Gombe National Park transformed wildlife conservation, and placed our country at the heart of global efforts to protect chimpanzees and nature. Her legacy will live on. May she Rest in Peace,” she wrote on X.The University of East Anglia biologist Prof Ben Garrod, who worked closely with her for many years, said: “Jane Goodall was transformative. She was often the quietest person in the loudest room, who would have the greatest impact. She worked absolutely tirelessly to make the world better for everyone, whether you were young or old, rich or poor, human or any other animal. She worked non-stop, travelling 300 days a year, working every day I knew her, working to change the world.”Amanda Hurowitz, great apes programme director for Mighty Earth, said: “I will never forget listening to Jane Goodall pant hoot (a loud chimpanzee call that has an intro, build-up, climax and let-down) in a room at the US Capitol with members of Congress and other dignitaries. She inspired so many with her dedication to protecting our next of kin and teaching about how much we all shared.”American primatologist Russell Mittermeier, chief conservation officer for the NGO Re:wild, said: “There will never again be anyone like Jane,” said , who is . “I have known Jane for nearly 50 years, and have always been amazed by her boundless energy, her vision and her truly global impact. All of us will miss her,” he said.David Obura, the head of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem, said Goodall’s work inspired him as a teenager. “I devoured her books that were really an account not just of her science, which shone through brilliantly, but of living in, and really identifying with the nature that became her life. I wanted to emulate what she found. And then as an adult with her humility and purpose – it was all about the species, places and people that she brought to the world’s attention,” he said.Actor and conservationist Leonardo DiCaprio said Goodall was “his hero”.“Her groundbreaking research on chimpanzees in Tanzania transformed our understanding of how our closest relatives live, socialise, and think – reminding us that we are deeply connected not only to chimpanzees and other great apes, but to all life,” he wrote on Instagram. “She never stopped,” he said.Apple CEO, Tim Cook, said Goodall was “a groundbreaking scientist and leader who taught us all so much about the beauty and wonder of our world. She never stopped advocating for nature, people, and the planet we share. May she rest in peace.”Leading environmental lawyer Farhana Yamin said Goodall was “an outstanding scientist and environmentalist. She helped us understand apes but also ourselves. Thanks to her outstanding observations we know that language, love and caring are core parts of the more than human world and we don’t own nature but are part of it.And the CEO of the African Wildlife Foundation, Kaddu Sebunya, said that the AWF “recommits to carrying forward the flame she lit, ensuring that Africa remains at the heart of global conservation, and that her vision of a just and thriving world for people and nature endures.” Sebunya added that: “On a personal note, I commend her for the path she charted, one that showed young girls everywhere, including my own daughter, that it is possible to dream boldly, to lead fearlessly, and to leave the world better than they found it.”

Jane Goodall dies at 91 after transforming chimpanzee science and conservation

British primatologist Jane Goodall, who transformed the study of chimpanzees and became one of the world’s most revered wildlife advocates, has died at the age of 91, her institute announced Wednesday. Goodall “passed away due to natural causes” while in California on a speaking tour of the United States, the Jane Goodall Institute said in […] The post Jane Goodall dies at 91 after transforming chimpanzee science and conservation appeared first on The Tico Times | Costa Rica News | Travel | Real Estate.

British primatologist Jane Goodall, who transformed the study of chimpanzees and became one of the world’s most revered wildlife advocates, has died at the age of 91, her institute announced Wednesday. Goodall “passed away due to natural causes” while in California on a speaking tour of the United States, the Jane Goodall Institute said in a statement on Instagram. In a final video posted before her death, Goodall, dressed in her trademark green, told an audience: “Some of us could say ‘Bonjour,’ some of us could say ‘Guten Morgen,’ and so on, but I can say, ‘Hoo-hoo-hoo-hoo-hoo-hoo-hoo! That’s ‘good morning’ in chimpanzee.'” Tributes poured in from across the conservation world.  “Dr. Jane Goodall was able to share the fruits of her research with everyone, especially the youngest, and to change our view of great apes,” said Audrey Azoulay, director general of UNESCO, adding Goodall had supported the agency’s conservation work. “My heart breaks at the news that the brave, heartful, history-making Jane Goodall has passed,” actress Jane Fonda said on Instagram. “I loved her very much.” “I think the best way we can honor her life is to treat the earth and all its beings like our family, with love and respect,” added Fonda, herself a prominent environmental activist.  Groundbreaking discoveries Born in London on April 3, 1934, Goodall grew fascinated with animals in her early childhood, when her father gave her a stuffed toy chimpanzee that she kept for life. She was also captivated by the Tarzan books, about a boy raised by apes who falls in love with a woman named Jane. In 1957 at the invitation of a friend she traveled to Kenya, where she began working for the renowned paleontologist Louis Leakey. Goodall’s breakthrough came when Leakey dispatched her to study chimpanzees in Tanzania. She became the first of three women he chose to study great apes in the wild, alongside American Dian Fossey (gorillas) and Canadian Birute Galdikas (orangutans). Goodall’s most famous finding was that chimpanzees use grass stalks and twigs as tools to fish termites from their mounds. On the strength of her research, Leakey urged Goodall to pursue a doctorate at Cambridge University, where she became only the eighth person ever to earn a PhD without first obtaining an undergraduate degree. She also documented chimpanzees’ capacity for violence — from infanticide to long-running territorial wars — challenging the notion that our closest cousins were inherently gentler than humans. Instead, she showed they too had a darker side. In 1977 she founded the Jane Goodall Institute to further research and conservation of chimpanzees. In 1991 she launched Roots & Shoots, a youth-led environmental program that today operates in more than 60 countries. Her activism was sparked in the 1980s after attending a US conference on chimpanzees, where she learned of the threats they faced: exploitation in medical research, hunting for bushmeat, and widespread habitat destruction. From then on, she became a relentless advocate for wildlife, traveling the globe into her nineties. Goodall married twice: first to Dutch nobleman and wildlife photographer Baron Hugo van Lawick, with whom she had her only child, Hugo Eric Louis van Lawick, who survives her.  That marriage ended in divorce and was followed by a second, to Tanzanian lawmaker Derek Bryceson, who later died of cancer. Message of hope Goodall wrote dozens of books, including for children. She appeared in documentaries, and earned numerous honors, among them being made a Dame Commander by Britain and receiving the US Presidential Medal of Freedom from then-president Joe Biden. She was also immortalized as both a Lego figure and a Barbie doll, and was famously referenced in a Gary Larson cartoon depicting two chimps grooming. “Conducting a little more ‘research’ with that Jane Goodall tramp?” one chimp asks the other, after finding a blonde hair. Her institute threatened legal action, but Goodall herself waved it off, saying she found it amusing. “The time for words and false promises is past if we want to save the planet,” she told AFP in an interview last year ahead of a UN nature summit in Colombia. Her message was also one of personal responsibility and empowerment. “Each individual has a role to play, and every one of us makes some impact on the planet every single day, and we can choose what sort of impact we make.” The post Jane Goodall dies at 91 after transforming chimpanzee science and conservation appeared first on The Tico Times | Costa Rica News | Travel | Real Estate.

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