The move would drop certain restrictions developers currently have to follow to protect the bird.
AUSTIN, Texas — A songbird that lives in the Texas Hill Country could soon be removed from the endangered species list.
On Friday, Texas Land Commissioner Dawn Buckingham urged the U.S. Department of the Interior to completely delist the golden-cheeked warbler, saying that it’s no longer necessary for the bird to be considered endangered.
The bird has been listed as endangered since 1990, and Texas granted the bird state protection. The move would drop certain restrictions developers currently have to follow to protect the bird.
“For too long, Texas property owners’ hands have been tied regarding making decisions on their own land because of an unsupported ESA listing of the Golden-Cheeked Warbler,” Buckingham said in a news release. “There has been significant evidence presented, including a 2024 court ruling that determined the federal government misapplied the law multiple times, which shows that listing the Warbler does not meet the requirements set forth in the ESA (Endangered Species Act). Based on the scientific evidence presented, I urge the U.S. Department of the Interior to completely delist the Warbler and allow Texans to reclaim their voices when it comes to decisions about their land.”
In January, the U.S. Fish and Wildlife Service recommended downlisting the bird from “endangered” to “threatened” status.
That announcement followed the completion of a five-year status review for the species, which indicated that the bird is not currently in danger of extinction throughout all or a significant portion of its range. Instead, it is in danger of extinction in the foreseeable future throughout its range, which meets the definition of a “threatened” species under the Endangered Species Act.
The bird’s habitat still faces ongoing threats from urbanization, drought and wildfire, which will continue into the future.
In 2022, the Texas General Land Office and the Texas Public Policy Foundation sued the Biden administration over the fact the golden-cheeked warbler is still considered an endangered species. Then-Texas Land Commissioner George P. Bush said the lawsuit was about protecting “state sovereignty” and property rights.
In September 2024, a court ruled the U.S. Fish and Wildlife Service improperly denied a petition to delist the species, following another lawsuit from the Texas Land Office. The service said it is currently reevaluating information found within that petition to delist the species and will publish a new 90-day finding in a separate action expected early this year.
The golden-cheeked warbler is a small, yellow-cheeked bird with black and white plumage. It eats insects and typically feeds in the top portion of the tree canopy. In its breeding range, the neotropical migratory bird nests exclusively in the mature juniper-oak woodlands of Central Texas.