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E&E News
4 days ago
- Politics
- E&E News
Texas judge removes ESA protections from lesser prairie chicken
A Texas-based federal judge assented to a Trump administration request Tuesday and ended Endangered Species Act protections for the lesser prairie chicken. In an unusual ESA plot twist, U.S. District Judge David Counts vacated the Fish and Wildlife Service's 2022 rule determining the animal needs federal protections after the agency itself said it had found a 'serious defect' in the listing. 'Fish and Wildlife's concession points to serious error at the very foundation of its rule,' Counts reasoned in his opinion, adding that 'mere remand would not cure this error.' Advertisement Environmental groups that support continued federal protections for the lesser prairie chicken had urged the judge to keep the 2022 listing in place while FWS tried to fix the alleged problems. 'It's bitterly disappointing to see a federal judge accept the Trump administration's bad faith rationale for stripping the lesser prairie chicken's urgently needed protections,' said Jason Rylander, the legal director of the Center for Biological Diversity's Climate Law Institute. Rylander added that 'this ruling has nothing to do with science or the law and everything to do with kowtowing to the oil and gas industry.' FWS has a policy of not commenting on litigation. The agency could not be immediately reached Wednesday afternoon. Counts was nominated by President Donald Trump to the U.S. District Court for the Western District of Texas, where the lesser prairie chicken has long roosted in successive rounds of litigation. FWS first listed the lesser prairie chicken as a threatened species under the ESA in 2014. Energy industry groups and others challenged the listing, which was vacated in 2015. Following receipt of another listing petition and further study, FWS in November 2022 listed the northern distinct population segment of the lesser prairie chicken as threatened and the southern population of the species as endangered. The state of Texas joined with industry groups including the Permian Basin Petroleum Association in filing suit against the ESA determination. 'Following the change in federal administration in January 2025, Fish and Wildlife re-evaluated [the challengers'] claims,' Counts observed, adding that 'Fish and Wildlife now believes it erred … and did not provide a sufficient justification' for the division into two distinct population segments. Counts further declared that the federal agency 'commits no handwaving when it also concedes that this failure causes the Final Listing Rule to be 'unlawful'' and therefore subject to being entirely wiped off the books. The lesser prairie chicken's full range extends across parts of five states. The 2022 listing identified the southern segment as extending from New Mexico to West Texas, while the northern population spanned Colorado, Kansas and Oklahoma. FWS identified the primary threats in both segments as 'loss of large, connected blocks of grassland and shrubland habitat,' with the southern population facing higher risk of extinction due to the region's hotter climate and vulnerability to prolonged drought. As such, the law places tighter restrictions on activities within the southern population segment than the northern segment. In a previous court filing, the Trump administration said that local conservation efforts would be sufficient to protect the species while a new ESA listing petition and review process was underway. Conservation groups disagree. They blasted the judge's decision, saying it all but dooms the bird. 'Removing protections for the lesser prairie chicken would be devastating news and would effectively sign an extinction warrant for the species,' Andrew Carter, director of conservation policy at Defenders of Wildlife, said in an emailed statement. 'As a bird that once numbered in the millions, it is now down to a fraction of that amount, having lost about 90 percent of its habitat.'
Yahoo
20-05-2025
- Automotive
- Yahoo
Court docs detail allegations against Kelly Grimsley Auto, judge grants TRO
ODESSA, Texas (KMID/KPEJ)- A federal judge has granted a temporary restraining order against Kelly Grimsley Auto Group as part of a lawsuit brought by Hyundai Capital America against the beleaguered auto dealer, which has been under fire from customers who have reported numerous, and possibly illegal, issues with the car buying process; now, the auto group is facing the heat in federal court. Court documents showed that last week, United States District Judge David Counts signed an order with prevents the auto dealer from selling or trading vehicle inventory, and forbids the company from tampering with records, withdrawing more than $5,000 from company accounts, selling off real estate assets, taking new loans, or funneling money to the Grimsley family. PREVIOUS COVERAGE: Kelly Grimsley Auto under fire, here's what you need to know if you made a purchase The group can conduct routine business, but only with written permission from Hyundai and any violation of the order could result in further charges. Hyundai finances Kelly Grimsley's vehicle inventory through a series of advances described in their Inventory Loan and Security Agreement, which is in turn secured by both K. Grimsley, L.L.C. and Kelly J. Grimsley through separate contemporaneous guaranty agreements. Through these Loan Documents, Hyundai is guaranteed full and prompt payment when due, by acceleration or otherwise. The ILSA itself grants Hyundai a security interest in Kelly Grimsley Auto Group's collateral, which includes, 'all inventory, including new and used motor vehicles.' Through its lawsuit, Hyundai presented evidence that Kelly Grimsley Auto Group has defaulted under the ILSA. Attorneys for the finance company said Hyundai initially grew concerned after receiving a notice of nonsufficient funds for Kelly Grimsley Auto Group payments. It quickly notified the Kelly Grimsley Auto Group entities of default only to receive another notice of nonsufficient funds. Hyundai then performed lot audits of Kelly Grimsley Auto Group vehicle inventory and reviewed sales reports. Hyundai's evidence shows that four hundred and five vehicles subject to these Loan Documents bear unpaid, due, and outstanding balances, totaling $13,663,534.42. This prompted Hyundai to act, and the company sent a notice of acceleration for $14,998,033.07, exercising its right of acceleration under the ILSA. Most recently, Hyundai provided a voluntary surrender agreement to Kelly Grimsley Auto Group seeking control of the remaining vehicles. So far, Kelly Grimsley Auto Group has failed to turn the remaining vehicles over. Hyundai has also presented evidence of other concerning instances of default. Specifically, according to court documents, the evidence shows that Kelly Grimsley Auto Group has failed to make payments on one or more merchant cash advance agreements for amounts greater than $50,000. Additionally, issues with retail financing for Kelly Grimsley Auto Group's customers have caused difficulties for customers in obtaining license plates and titles— some customers have left Google reviews showing that this issue stretches back at least ten months. 'The evidence also shows that Kelly Grimsley Auto Group has defaulted on the dealership's mortgage. In addition to amounting to events of default under the ILSA, Hyundai has determined that these acts also constitute a material adverse change, as defined in the ILSA. Hyundai has accordingly shown a substantial threat that Kelly Grimsley Auto Group will continue to sell inventory without paying back its advances under the ILSA,' the lawsuit said. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
