The Fifth Circuit Court of Appeals ruled on November 6, 2026, that the Center for Biological Diversity can intervene in a lawsuit filed by Texas against the U.S. Fish and Wildlife Service. The case centers on the endangered status of the dunes sagebrush lizard, a decision made under the Endangered Species Act (ESA). This ruling allows the environmental group to defend the lizard's endangered status, which Texas is challenging.
This ruling is significant as it impacts not only the dunes sagebrush lizard but also the broader implications for endangered species protections in Texas. The court's decision highlights the ongoing tensions between state interests and federal environmental protections, especially under changing political climates.
Background
The case began when the U.S. Fish and Wildlife Service published a rule on May 20, 2024, designating the dunes sagebrush lizard as endangered. Texas quickly filed a lawsuit, arguing that the listing violated the Service’s policies and the ESA. The state aimed to overturn the endangered status, which it believed could hinder local economic activities.
In March 2025, the Center for Biological Diversity sought to intervene in the case to defend the lizard's endangered status. However, the district court denied the Center's request, stating that the government adequately represented its interests. The Center then appealed this decision, leading to the current ruling by the Fifth Circuit.
The Ruling
The Fifth Circuit Court found that the district court had erred in denying the Center's motion to intervene. The court ruled, "the district court's denial of the Center’s motion to intervene is reversed. The case is remanded to the district court for proceedings consistent with this opinion." The court emphasized that the Center had sufficiently demonstrated that its interests diverged from those of the government.
The judges noted that the Center had shown a “disagreement on the core question of whether the Listing Rule’s protections... are lawful at all.” This ruling aligns with a previous decision in a similar case, State of Texas v. U.S. Department of Interior, where the court also granted intervention to the Center.
Impact
This ruling has significant implications for the Center for Biological Diversity and other environmental groups. It allows them to participate actively in defending endangered species listings against state challenges. The decision also sets a precedent for future cases where environmental groups seek to intervene in lawsuits that could affect endangered species protections.
By allowing the Center to intervene, the court reinforces the importance of protecting endangered species, even in the face of state opposition. This case may encourage other environmental organizations to assert their rights to intervene in similar legal matters, potentially leading to more robust defenses of endangered species across the country.
What's Next
The case will now return to the district court for further proceedings. Texas may still appeal the Fifth Circuit's ruling, but details regarding any potential appeal were not available in the court filing. The outcome of this case could have lasting effects on how endangered species are protected in Texas and beyond.
